How to get child support canada

Child support – Legal Aid Ontario

Child support is the amount of money that one parent pays to the other parent to help pay for the costs of caring for the child. Usually, the “payor parent” either spends less time with the children or, if they spend an equal amount of time with the children, makes more money.

A parent can be a birth parent, non‑birth parent, adoptive parent, or sometimes a step‑parent, where they have acted as a parent to the child. If there is a dispute regarding who qualifies as a parent, you will have to provide evidence, which could include the child’s birth certificate, your marriage certificate, an adoption certificate or anything that proves that the other party has acted a parent to the child.

Parents must pay child support even if they:

• Do not live with the children
• Do not see the children

Child support is usually for dependent children, which means children under the age of 18 or children over the age of 18 who are not independent because they are in school full‑time or have an illness or disability that does not allow them to become independent.

The amount of child support depends on the:

• Gross income (the amount of pay before taxes and deductions) of the person who pays child support
• Number of children
• Child Support Guidelines, which are a set of rules and tables for calculating the amount of support that a paying parent should pay.

A parent cannot be denied access to their child because they do not pay child support. And a parent who does not have access may still have to pay child support.

Factors that affect the amount of child support

Special or extraordinary expenses

This includes expenses for things such as daycare costs, medical and dental premiums and health expenses not covered by insurance. It may also include music lessons, sports activity fees, post‑secondary expenses, etc. These expenses are shared between the parents based on how much they make.

Parenting arrangement

The judge will look at how much time the children spend with each parent, including whether you have shared or split custody.

Undue hardship

This includes financial difficulties that make it very hard for the payor parent to pay child support. This can be hard to prove and there has to be evidence of this.

Retroactive support

This can be ordered when a parent has a legal duty to support a child but hasn’t paid (or paid less than) the amount required under the Child Support Guidelines.

You may be able to claim up to three years in the past for retroactive child support.

It will be helpful if you have proof of when you requested child support and a reasonable explanation for why you did not seek support in court earlier.

Arrears

This is the amount of unpaid support that has added up under an existing support order or agreement.

Setting up or updating child support online

There is an option to set up or update child support online and not go to court. To find out if this option is right for you, please visit the Ontario government’s “set up or update child support online” page.

How can Legal Aid help?

If you qualify for legal aid help on your day at court

There are lawyers at the courthouse called duty counsel. They can help you with:

• Drafting and preparing documents for urgent or without notice matters or where you are unable to complete court documents because of mental or physical health or literacy issues
• Reviewing agreements from mediation
• First appearance at court
• First case conference for applications, responses and motions to change

There are family law information centres in most of the courthouses. A lawyer who can give you advice is known as family advice counsel. They can:

• Give you general information about how to choose a lawyer and how best to use the help of a lawyer
• Give you up to 20 minutes of advice and information about the court process and about family matters

Visit our eligibility page to learn more.

If you qualify for a lawyer to represent you in court

We may cover the cost of a lawyer to help with your support case if:

• Child support is not being paid according to the Child Support Guidelines
• You are a child seeking support from your parents
• You are a dependant parent seeking support from your adult children
• Support payments that will be received from the payor are at least $100 per month

Visit our eligibility page to learn more.

If you don’t qualify for legal aid

JusticeNet is a not‑for‑profit service that provides an easy‑to‑use online directory of legal professionals who offer services to eligible clients at reduced rates. There is a $25 registration fee to access the directory.

For more information visit their website at justicenet.ca.

Factors to consider for claiming child support

If you’re claiming child support, consider:

• Has the other party ever paid child support since separation?
• Is the child support retroactive?
• Where does the payor parent work and how much do you think they earn?

How do you start an application for child support?

Step 1: Prepare your court application form

You have to apply for access in the jurisdiction where your child usually lives. You will need to complete the following forms:

You will need to complete the following forms:

• Form 8: Application (General)
  Need help to complete this form? Visit StepstoJustice. ca and use the Guided Pathways tool.
• Form 13: Financial statement (support claims)—this is only if you are seeking special or extraordinary expenses

In your application, you will have to show that you are a parent of the children and who the children live with most of the time.

When you fill out the order request on the fourth page of the Form 8 application, write: “Child support in accordance with the Child Support Guidelines and the respondent’s gross annual income.”

Note: Make sure you complete the correct form. Form 13 is for support claims only. Form&bsp;13.1 is for property and support.

Read our tip sheet for completing your financial statements for both Form 13 and Form 13.1.

Step 2: Get your application issued

Take at least three copies of all of your documents to the court clerks.

If you are going to the Ontario Court of Justice, go to the family counter.

If you are going to the Superior Court of Justice, take a number and wait to be called.

You will get your file number and a notice to attend a mandatory information program session for both you and the other party. The session gives you an overview of family law issues and the family court process. You will not be scheduled to attend on the same date as the other party.

You can find more information on our page about starting a family court case.

Step 3: Serve your application

You must get someone else to give a copy of all the documents that you have filed with the court as well as the mandatory information program notice and give them to the other party. You cannot serve these documents. You must have someone who is at least 18 years old—this could be a friend or family member or a professional server—hand deliver a copy to your ex.

You will also have to file proof that the documents were given to the other party. This is called an affidavit of service, which has to be signed by the person who served the documents.

Step 4: Complete proof of service

Proof of service is known as an affidavit of service. It’s a document that shows that all the documents were successfully given to the other party.

The affidavit will list the time and date the documents were served, and also how it was served and who did the serving.

An affidavit of service is important. If the other party says they haven’t been notified, this affidavit proves that they were.

Complete Form 6B: Affidavit of Service Sworn/Affirmed.

Include any supporting documents. For example, if you mail a document by registered mail, print off the delivery confirmation including the signature verifying the receipt from the Canada Post website. If you send it by courier, include the delivery confirmation with signature provided by the commercial courier company.

Step 5: File your court documents

Take all of your original documents to the family court clerk and put them into your continuing record, which is a record kept at the courthouse with all of the documents that you have filed and want the court to look at.

You will have to update your table of contents, which is a list that includes every form and document that you have added to your court file.

If you’re unsure about anything, ask the clerk for help.

Enforcing a child support order

If your ex isn’t paying child support, the court can enforce child support either in a court order or a separation agreement.

The Family Responsibility Office (FRO) gets the money owed for child support from the payor parent. This office can enforce child support payments if there is a:

• Court order
• Separation agreement that is filed with the court and registered with the FRO for enforcement
• Notice of Calculation or Notice of Recalculation filed by the government

To find out more, read our page on enforcing child support payments.

More information

• Ontario.ca: Arranging child support
• Ontario.ca: Set up or update child support in court
• Ontario.ca: Set up or update child support online
• Department of Justice: Federal support guidelines: step‑by‑step

Before you start - The Federal Child Support Guidelines: Step-by-Step

• Table of Contents
• Next Page

The Divorce Act (Act) and the Federal Child Support Guidelines (Federal Guidelines) changed on March 1, 2021. This guide reflects these changes. The biggest difference is that the Act and the Federal Guidelines no longer use the terms “custody” and “access”. They now use “parenting“ terminology (such as “parenting time“) to describe where the children will live and how decisions about them will be made. If your order refers to “custody” or “access,” please read the glossary at the end of this guide to help you understand the changes. Please note that there are no changes to the child support rules to calculate the amount of child support.

You can find many of the documents referred to in this guide on the Department of Justice Canada’s Family Law webpages.

Going through a separation or divorce can be very difficult, both emotionally and financially. You may feel overwhelmed about some of the decisions that you may need to make, like how you will divide your house and shared possessions, whether spousal support is needed, where your children will live, or how much financial support is needed for your children.

You may also be feeling anxious or frustrated about your financial situation. Money you once shared as a couple must now be used to cover the expenses of two households. Instead of sharing household expenses, you may each have to pay for your own housing, utilities (like telephone and electricity), groceries, transportation and other necessities of life. This may increase concerns about how you will take care of your children financially.

You may feel angry or sad about the breakup of your relationship. Working together to make practical arrangements that are in the best interests of your children may seem difficult at this point.

Knowing about your rights and responsibilities can help you make good decisions about your family. It can also help you work together to make those decisions. Your family’s situation may have changed, but you are still parents and your children still need your love and support.

Your children have a legal right to financial support from both parents and you both have a legal responsibility to provide this support. Those rights and responsibilities do not end with divorce or separation. The goal of this guide is to help you make child support decisions that will help ensure that your children continue to benefit from financial support from both of you after your separation or divorce.

When you are making decisions about how to take care of your children after your separation or divorce, it is important to keep their best interests in mind. The changes taking place in your family are confusing and stressful for them too. It is important that your children not get caught in the middle. You need to protect them as best you can from any financial hardship that may result from a separation or divorce.

If you’re worried about safety

If you or your children have been abused or feel unsafe around the other parent, you need to put safety first and should seek help. Children who are abused can have long-term physical or mental health problems. This is also true for children who see or hear abuse between other family members. Children are often far more aware of one parent abusing the other than their parents realize.

If you’re concerned about your safety or your children’s safety, you may want to read Section 6 in Making Plans: A guide to parenting arrangements after separation or divorce. Making Plans will also refer you to other helpful resources.

If you or someone you know is in immediate danger,
call 9-1-1 or your local police.

About this guide

This guide has general information, instructions and worksheets, as well as other tools to help you make decisions about child support when you separate or divorce.

In this guide:

“you”

generally means both you and the other parent

“child support”

means money that one of you may have to pay to the other to continue supporting your children financially following your separation or divorce

“paying parent”

means the parent who pays support

“receiving parent”

means the one who receives support

The Divorce Act is the federal law that sets out the rules for legally ending a marriage.

The guide is based on the Divorce Act. More specifically, it is based on the Federal Child Support Guidelines (Federal Guidelines), which are regulations under the Divorce Act.

Parenting time is the time that children spend in the care of one of their parents, whether or not the child is physically with the parent (for example, it includes time when children are attending school).

The guide uses parenting language such as parenting time. Your order or agreement may include terms such as “custody” and “access,” especially if it was made before March 1, 2021. You may want to read the glossary in this guide to help you understand the changes.

It is important to know that there are also provincial and territorial child support guidelines. The guidelines that apply to you depend on your situation. This guide will help you figure out which guidelines apply to you. The child support laws in most provinces and territories are much like the Federal Guidelines or they may only have minor differences (except in Quebec, which has its own child support model). Many of them may refer to “custody” and “access” or use other language about parenting. Even if provincial or territorial guidelines apply in your situation, you may still find this guide helpful.

About the Federal Guidelines

The Federal Guidelines are a set of rules and tables used to determine child support when parents divorce. They are the law. Their main goals are:

• to establish a fair standard of support for children so that they continue to benefit from both parents’ incomes after the separation or divorce
• to reduce conflict and tension between parents by making the calculation of child support more objective
• to ensure that parents and children in similar situations are treated the same
• to make the legal process more efficient and encourage settlements by giving courts and parents guidance about child support

Child support agreements and orders

When relationships end, many parents agree on how they will deal with child support without going to court. It is generally best for everyone, especially children, when parents can agree. Asking a judge to make the decisions can be costly, time-consuming and stressful for families.

It is a good idea to put your child support agreement in writing so that you can remember what you agreed to.

You are encouraged to work out a child support agreement together. This guide can help you to figure out a child support agreement that will work best in your situation. It can also give you an idea of how much support a judge would likely order under the Federal Guidelines.

If you cannot agree or if you want to have your agreement put into a court order, either or both of you can apply to go to court to get a child support order.

Agreement in the context of child support means that you and the other parent come to a common understanding about your child support arrangements. The laws in your province set out how to make this agreement legally binding so that you both have to follow it.

Consent order means an order a judge will make once both parents agree on certain issues.

Court order is a written decision made by a judge. Parents must follow what the court order says.

Special circumstances

An order or written agreement could include special provisions that benefit your children directly or indirectly. For example, one of you might give your share of the family home to the other without compensation so the children won’t have to move. You or a court would need to consider special circumstances like this to make sure the amount of child support is fair and reasonable. If applying the Federal Guidelines would result in a child support amount that is not fair in your circumstances, you or the court may decide on a different child support amount.

Who can help?

A mediator is a third party who helps parents agree on issues related to separation and divorce, such as child support.

A legal adviser is a person who is qualified in a province to give legal advice to someone or represent them in court. This can be a lawyer and in some provinces may include other professionals.

Family justice services and programs are public or private services and programs that help people dealing with issues arising from separation and divorce.

There are many people who can help you reach an agreement on child support issues. For example, mediators, legal advisers and accountants often work with parents. Also, every province and territory offers services for separating or divorcing parents. Some of these provincial and territorial family justice services and programs are listed on the Family Law pages of the Department of Justice Canada website. You may find others on the website of your ministry of justice.

Making Plans: A guide to parenting arrangements after separation or divorce has more information on different ways to resolve issues without going to court.

Family law issues can be complex. A legal adviser can give you legal advice about all the different factors that are important in your situation. The decisions you make and how your order or agreement is written can also have an impact on your taxes and what benefits you can claim. When you are trying to agree on child support or want to go to court to deal with certain issues, it is important to speak with a legal adviser to make sure you understand:

• your legal rights and responsibilities, and the rights of your children
• your parenting responsibilities
• the options for resolving differences between you and the other parent
• how the court system works
• how family dispute resolution processes such as negotiation, mediation and arbitration work

Some provinces and territories have referral services that offer a consultation with a legal adviser for free or at a reduced price. To see a list of services available in your area, visit the Department of Justice Canada’s Family Law pages. You may also wish to contact your local legal aid office to see if you qualify for legal aid. You can search the Internet for legal aid in your city or area—for example, search “legal aid” and the name of your city or town.

Finally, you may want to talk to a family member or a friend you trust about how you feel. Someone who has gone through similar situations may have suggestions to help you cope with your divorce or separation.

Related issues

As parents, child support is just one issue you need to think about when you separate or divorce. You also need to consider issues like parenting time and decision-making responsibility, spousal support and how you will divide property. The decisions you make about these issues could affect how you calculate child support.

The Family Law pages of the Department of Justice Canada website have some general information that may help you. For example, there are three online tools to help you make decisions about parenting and set up a parenting plan that will work for your family. These are:

• Making Plans: A guide to parenting arrangements after separation or divorce
• Parenting Plan Checklist, which highlights some practical issues to consider to make sure your parenting plan is workable
• Parenting Plan Tool, which has some sample clauses you can use in your parenting plan

A parenting plan is a written document that describes how parents not living together will care for and make important decisions about their children in both homes.

If you are creating a parenting plan or have already created one, you may want to keep it with your child support agreement. It is a good idea to keep all documents relating to your children together.

There are also some tools that may help your children understand and cope with your separation or divorce, including:

• a publication for children called What happens next? Information for kids about separation and divorce

For more information

If you have questions this guide doesn’t answer, you can find more information on the Department of Justice Canada’s Family Law webpages. You can also call the Department’s Family Law Information Line at 1-888-373-2222 or email your questions to [email protected].

It’s important for you to know that officials of the Department of Justice Canada cannot give legal advice to the public. This means officials cannot tell you how the law would apply in your particular case, interpret court decisions, or tell you what steps you should take based on the specific facts of your case. Officials can only give members of the public general legal information. If you need legal advice about your rights and obligations or a legal opinion on your specific situation, you may wish to consult with a legal adviser.

Other Government of Canada websites offer information on issues that you may have to deal with when you separate or divorce. For example, separation or divorce could have an impact on your taxes. You may want to visit the Canada Revenue Agency website or call their information line at 1-800-959-8281 for more information about the tax consequences of separation and divorce.

You can also contact a provincial or territorial public legal education and information (PLEI) organization. PLEI organizations give information to the public about many different areas of law, including family law. To see a list of these services, visit the Department of Justice Canada’s Family Law webpages.

Your duties under the

Parents who have or are applying for a Divorce Act order have certain duties under the Act.

1. Best interests of the child

If you have a parenting order from a court setting out parenting time or parents’ decision-making responsibilities, or if you have an old custody order (from before March 1, 2021) under the Divorce Act, you have a duty to act in your child’s best interests.

2. Protection of children from conflict

If you are involved in any court proceedings under the Divorce Act, you have a duty to protect your children from the conflict to the best of your ability. This means that you should, for example, avoid discussing the details of your legal case with your children.

3. Family dispute resolution process

The Divorce Act says that you must try to resolve disputes through a family dispute resolution process, like mediation, as long as it is appropriate. Family dispute resolution can be faster, less expensive and more collaborative than court processes.

Family dispute resolution isn’t appropriate in all cases. For example, if there has been family violence and there are ongoing safety issues or concerns, it might be best to speak to a legal adviser about your different options.

4. Complete, accurate and up-to-date information

Courts need complete, accurate and up-to-date information to make orders best suited to each individual family. This means you will need to give all information required, and ensure the information is accurate and up to date. For example, courts must have parents’ income information to determine fair and accurate child support amounts. It is in children’s best interests to give all necessary information as soon as it is required.

5. Duty to comply with orders

You must follow court orders. Not following your court orders can lead to serious legal consequences. The court makes an order that it has determined is in the best interests of the child. There may later be a change in your life or in your children’s lives that the court order didn’t foresee. If you feel that you court order no longer fits your situation or that of your children, you should go back to court to have the order changed to reflect the new situation.

• Table of Contents
• Next Page

Children in divorce

Divorce also affects children. The child must have an official guardian and a home address. In addition, the child has the right to meet with both parents.

• If you cannot come to an agreement
• housing
• Guardianship
• Right to meet
• If difficulties arose with the right to meet 9000,
• child support for a child
• The names of a child when a divorce of
• The child’s kidnapping (LapsikaAppaas)0006

If the family has children under the age of 18, and the marriage ends, the following issues must be agreed upon divorce:

• place of residence of the child,
• who will be the guardian of the child,
• how the right to meet will be organized,
• alimony.

If the parents have agreed on the place of residence of the child, his custody, the right to meet and alimony, then the local social department can approve this agreement. After the agreement is approved by the social department, it receives the same legal force as a court decision.

If you cannot agree on the child's place of residence, custody, visitation rights and maintenance, you can ask for help in the form of a family dispute settlement procedure (perheasioiden sovittelu). If this procedure also fails to reach an agreement, you must file an application with the county court. When making a decision, the judicial authority will take into account the interests of the child and his own opinion. The judicial authority may also request an opinion from the social welfare office in your place of residence.

Find out about the procedure for settling family disputes with the social office of your commune.

Housing

Always consider your child's best interests when deciding where to live.

Officially, a child can only live in one place. When a divorce occurs, it is necessary to agree on which parent the child will officially live with.

In practice, a child can live for some time with each of the parents.

Child allowance is paid to the parent with whom the child officially resides. The child's official address also affects the housing allowance paid by Kela.

Guardianship

Child custody means:

• child care
• his upbringing
• managing and making decisions about the child's affairs.

The child's guardian has the right to receive information about the child's affairs from officials.

At the end of the marriage, the child's parents decide on the organization of guardianship over him. Parents may agree on joint custody or sole custody by one of the parents. Guardianship does not depend on who the child lives with. More information about sole and joint custody is available on the InfoFinland website under Single-parent families.

External link Yhden Vanhemman Perheiden Liitto ry

Shared care and single care External link

Finnish

Right to meet

A child has the right to maintain contact with both parents after a divorce. He also has the right to meet with the parent with whom he does not live.

The right to visit may mean, for example, that the child lives with one of the parents and meets with the other parent every second weekend, and also during the holidays for a certain period of time. If the child is still small, meetings can take place during the day.

The right to visit may be so extensive that the child will live with both parents for the same amount of time. Officially, a child can have only one address. Always consider the interests of the child when making decisions.

In the event of a divorce, you can agree in advance how often the child can see the parent who will be living separately. If you wish, you can make a written agreement about the order of meetings. You can also decide that the order of the meetings will be agreed each time separately.

External linkYhden Vanhemman Perheiden Liitto ry

How to arrange an appointmentExternal link complies with this agreement, then the parent living separately may apply to the children's inspector at the place of residence of the child. The children's inspector organizes negotiations between parents.

If you think that there is a risk to the child's health and safety when meeting with the other parent, tell the social worker about it. If you have good reason to be so suspicious, you can request that social workers be present at the meeting.

Child support

Both parents are responsible for the maintenance of a child under the age of 18, even if they live separately from each other. The parent who does not live with the child pays child support to the parent who lives with the child.

For more information about child support, visit the InfoFinland page Single-parent families.

External link Elatusvelvollisten liitto ry

Information for persons receiving and paying child support External link

Finnish

Child's surname upon divorce

The child's surname does not change when the parents divorce. However, the name can be changed. An application for a change of surname should be sent to the Agency for Digital Information and Population Records. If the child is over 12 years old, the written consent of the child is required to change the surname. If the child is under 12 years old, it is also recommended to have a preliminary conversation with him before changing the surname.

Child abduction (lapsikaappaus)

Child abduction occurs when:

• a child under the age of 16 living in Finland is taken abroad without the consent of the guardian
• a child taken abroad was not returned to Finland within the agreed period.

Child abduction is a crime in Finland. Contact the police in your area. For more information and advice, please contact Kaapatut Lapset ry.

FinnishSwedishEnglish

Sponsoring other relatives to Canada

A Canadian citizen or permanent resident can sponsor relatives under the Canadian immigration program.

Canada today is fast a developing country with a stable economy and hardworking citizens. At that At the same time, Canada is a country of immigrants. Only from 2001 to 2009 the population countries increased by 3.5 million people, most of whom are immigrants from other countries. Half of the immigrants are skilled professionals who are in high demand to improve the country's economy. The remaining half of the immigrants are people who came family reunification program.

The Canadian government takes care of its citizens and therefore enables permanent residents and citizens countries to act as a sponsor for their relatives located in other countries. Thus, the program was created - Family sponsprship (family sponsorship), which in turn is divided into several areas:

Spouse, civil or marriage partner, minor children.

Parents, grandparents.

Other relatives (brothers/sisters, uncles/aunts, nephews/nieces).

This article will cover basic requirements for sponsoring other relatives.

Sponsorship of other relatives

Ministry of Citizenship and Immigration takes the issuance of permanent resident status to foreigners very seriously. candidates and therefore puts high demands on the sponsor. In its turn the sponsor, who is also a permanent resident or citizen of Canada, must understand that takes on more responsibility when he decides to sponsor for your relative. Basic requirements for a sponsor:

Age - from 18 years.

Be a permanent resident or citizen Canada.

Have enough income to live providing for yourself and your relative (accommodation, food, clothing).

Be able to financially support relative upon arrival in Canada.

Ensure that the relative does not need or need will require financial assistance from the government in the future.

In case of non-compliance or violation one of the above, you will be denied sponsorship of any relative in the future.

In turn, there is a series requirements for sponsored relatives who wish to immigrate to Canada:

It is necessary to undergo a medical examination.

Submit a certificate of no criminal record.

Pass a background check.

Sponsored relatives will be denied permanent resident status in Canada if the candidate has a criminal record and in any way may threaten the safety of citizens countries.

You cannot be a sponsor if:

Have broken sponsorship terms in the past.