"I am confused about child support...."

Child support is an area of Family Law on which were receive most questions. There is much confusion on what child support is, who gets it, why and for how long?

Why is there so much confusion? We cannot come up with a definitive answer but we suspect that "popular culture" and "urban legend" have contributed to the formulation of a number of myths and misconceptions about this issue.

This post is designed to give you only the basics of child support in Ontario - this information is NOT sufficient to enable you to deal with child support on your own as "one-size-does-not-fit-all" - the specific facts of your case may lead to a specific result, not addressed here - see a Family Law lawyer for advice on how the law of child support applies to your case.

We have seen many cases in which some element of child support was misunderstood by either the payor or the recipient for years at a time - this misunderstanding led to unfair results.....do not let that happen to you.

Question 1: what is child support?

Answer: at the most basic level, child support is financial assistance with a child's expenses.

Question 2: what kind of "expenses"?

Answer: it means all expenses, as long as the child remains eligible to receive child support.

Question 3: you mean food, clothing AND even college?

Answer: yes - the cost of college/university does fit into the definition of "child support"

Question 4: what forms can child support take?

Answer: many forms. For example:

(a) the table amount of child support, paid monthly to the other parent;
(b) contribution to special or extraordinary expenses, like ballet, camp or braces - payment directly to the other parent;
(c) contributions to the cost of college, with tuition payments for example being paid directly to the college;
(d) monthly payments to a university student to assist with his or her "room and board" while at school;

-the list goes on.

Question 5: when does child support end? - is it then a child turns 18?

Answer: no - child support continues after the age of 18 in situations where the young person is unable to become financially independent, generally for the following reasons:

(a) they are attending school OR
(b) they have health issues which prevent them from completing schooling and/or becoming financially self-sufficient.

Question 6: does the child over 18 have to attend school full-time in order to qualify?

Answer: not necessarily - you need to get advice from a lawyer on the specifics of your case to have a specific answer to this question.

Question 7: who pays child support to whom?

Answer: generally speaking, the parent with who a child or children live most of the time receives child support from the other parent. The calculation of child support becomes more complex when a child or children live with one parent at least 40% of the time - you need to see a family law lawyer to assist you with this situation.

If you need further answers to child support-related questions, we have them. Again, it is not wise to deal with your family law case simply by relying on information you find on a internet - we provide free consults. Many other lawyers do as well. Get legal advice. It's important.