HomeChild SupportChild Support FAQs AND Spousal Support FAQs
Posted in Child Support on 21st October 2011

Child Support FAQs AND Spousal Support FAQs

“How much child support do I have to pay?”

Child support payments are determined using a table called the “Child Support Guidelines.” The amount you pay is dependent on the province in which you live, the amount you earn, and the number of children for whom you are paying support.

“Do I have any control over how child support payments are being used?”

No. Since the court has found your former spouse capable of looking after your children, the court assumes that he or she is also capable of looking after the child support money.

“When does child support end?”

Normally, you must pay child support as long as your children are enrolled in school full-time. This often includes paying child support while your children are in college or university earning their first post-secondary degree or diploma.

“Can my child support payments be changed?”

Yes. Child support payments can be changed any time you experience a change in circumstances, such as a significant drop in your income.

“I’m being denied access to my children. Can I stop paying child support?”

No. Only the court can change the amount of child support that you must pay. If your former spouse is denying you access to the children, now’s the time to use MyOntarioDivorce.com to find out how you can exercise your legal rights in such a matter.

Spousal support FAQs

“Do I have to pay spousal support?”

If you earn more than your spouse, you may have to pay spousal support. The longer your marriage lasted and the bigger the difference between your income and your spouse’s income, the greater the chance that you’ll have to pay spousal support.

“How much spousal support do I have to pay?”

The amount of spousal support that needs to be paid is determined on an individual case basis. The court considers all of you and your spouse’s circumstances, including:

•          Your assets and your spouse’s assets,

•          Your income and your spouse income,

•          Your age and your spouse’s age,

•          Your health and your spouse’s health,

•          The standard of living when you lived with your spouse,

•          The ability of your spouse to become self-sufficient,

•          The contribution your spouse has made to your career, and

•          The economic hardship suffered by your spouse arising from the marriage.

“How long will I have to pay spousal support?”

Generally, courts don’t impose a time limit on spousal support unless your marriage was quite brief. However, you can apply to change your spousal support under certain circumstances.

“Is spousal support tax deductible?”

Yes. In Canada, you may deduct your spousal support payments from your income if you have a separation agreement or Court Order thatrequires you to pay spousal support. If you receive spousal support, you are required to pay tax on it.

“Can my spousal support payments be changed?”

Yes. Spousal support payments can be changed anytime there has been a drastic change in circumstances, such as remarriage by your spouse or a dramatic drop in your income.

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