Child and Spousal Support, and Complex Income Determination

Child support:

The amount of child support payable is determined by looking at the Child Support Guidelines for the province in which the payor parent resides, or, if the payor parent resides outside of Canada, the province where the recipient parent resides. Child support is based on the number of children and the income of the payor parent and is determined by the type of “custody arrangement” in place.

Spousal Support:

Entitlement to spousal support is not automatic. Once entitlement has been established, the duration and amount of spousal support to be paid are complex legal issues with which I can assist.

Unlike child support, there are no legislated ‘tables’ providing for clear spousal support payment amounts. Spousal support is considered taxable income in the hands of the recipient and is tax deductible to the payor. There are many factors that guide the analysis of how much spousal support should be paid and for how long.

Income Determination:

If one spouse earns income through his or her own corporation, and as such, unilaterally controls the income he or she pays herself or himself, that salary may not be a true reflection of income available for purposes of determining spousal and/or child support obligations. The determination of income can result in complex litigation.

The following are situations that may require a legal analysis and opinion, such as:

• Shared custody arrangements;
• Child support for adult children;
• Income of new spouse;
• Spouse purposely under-employed 
• Retroactive request or review of support.