How is child support determined and what are the terms?




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When getting a divorce, the one thing that tends to cause the most consternation is the fact that someone is going to have to pay child support. The best interests of the child should come first. One of the first steps to getting child support paid is that one of the spouses files an application with the court saying that one of you must pay support for the children of this marriage.

One of the actions of the court is that it can require interim payments from one spouse to another in child support until a final decision can be made. This is when you need to enlist the help of legal advocate who knows the law and can help guide you to the outcome that is best for you and your child. This individual can stand up for what is rightfully yours and will ensure that the guidelines of the law are followed to perfection.

The court has the right to enforce the rule of law that allows for interim or permanent payments of child support in any amount that it sees is within the ability of the person making the payments. The court also reserves the right to make one spouse pay any amount within reason if it seems that the child’s lifestyle will change a great deal if this payment isn’t raised. All the court has to do in this case is make sure to document the reason for the raise in payment.

Truly, the court only wants what is good for the child. Sometimes, the story that gets told isn’t the real story. You need someone in your corner who can ensure that the whole story gets told. Your feelings about this may run high and it is your right to have things taken care of efficiently.

Source: Divorce Act of Canada, “Child Support Orders,” accessed Jan. 12, 2016


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