Separation and divorce have inevitable financial effects. In addition to decisions about property division and assets of the marriage, parents must plan for the financial support of minor children. In some cases, one spouse may also pay support to his or her former partner, in addition to the support paid for the benefit of the child. The spousal and child support lawyers at Mann Lawyers can help you understand the legal framework around support, what your rights and obligations may be, and how an agreement can best be negotiated for you and your child.
Establishing Child Support Arrangements
Child support in Ontario is based on mandatory calculations using the federal or provincial child support guidelines. If a child resides with one parent, the amount of support payable for that child is based on the paying parent’s income and the number of children he or she is required to support. As such, there is a higher level of predictability in child support and most parents are able to negotiate child support payments within the context of a separation agreement.
Negotiating Spousal Support
Unlike child support, determination of eligibility and amount of spousal support varies depending on the particular circumstances of each family. Entitlement to support depends on several factors, including the roles played by the spouses during the marriage, career interruption, and income differences. Only after a spouse is found to be entitled to support will the amount and duration of the support be determined. Judges in Ontario are required to consider the Spousal Support Advisory Guidelines but retain a significant amount of discretion.
