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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 09-05-2018, 01:26 PM
samantha4692 samantha4692 is offline
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Default Child Support

I feel like this is a dumb question, but are the amounts in the Ontario child support tables set in stone as per the law, or can the parents agree on their own support amount?

For some reason my posts seldom receive an answer and I have severe OCD so someone replying could save me hours of torment googling since online is fuel for my just right OCD.

Thanks!
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Old 09-05-2018, 01:33 PM
mom22girls mom22girls is offline
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Quote:
Originally Posted by samantha4692 View Post
I feel like this is a dumb question, but are the amounts in the Ontario child support tables set in stone as per the law, or can the parents agree on their own support amount?



For some reason my posts seldom receive an answer and I have severe OCD so someone replying could save me hours of torment googling since online is fuel for my just right OCD.



Thanks!


If both parties agree, the amount can be varied.


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Old 09-05-2018, 03:17 PM
dad2bandm dad2bandm is offline
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Quote:
Originally Posted by mom22girls View Post
If both parties agree, the amount can be varied.
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When both parties stop agreeing on the amount (which often happens when it's money involved), or if you ever need to go to court down the road, etc... they will simply refer to the child support tables, so don't set yourself up for the risk of being arrears down the road.
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Old 09-05-2018, 04:39 PM
AikidoWins AikidoWins is offline
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if someone was not up to date on support-- how far back can the courts go for back pay??? is it 3 years
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Old 09-05-2018, 05:03 PM
rockscan rockscan is offline
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Depending on when it was asked for, its normally three years. If one party has been asking for disclosure for more than that and the other party has refused because they knew they were paying less than the law then some judges will order more than three years.

It all depends on the case, the parties involved and the judge you get in front of.
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Old 09-05-2018, 05:47 PM
denbigh denbigh is offline
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My lawyer also told me 3 years is typical.

Something to keep in mind is that support is the right of the child. Iím
Not sure that a judge would allow child support significantly below what it should be as that impacts the childís access to resources, even if the parents agree. I would think there may be a power imbalance which leads to that and the court could step in and say no, you canít agree to this significantly reduced amount. CS which should
Be in line with the the income of the parents. I have no idea what happens when 1 or both parent are wealthy and makes
More money that what is on the tables.
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Old 09-06-2018, 06:13 AM
samantha4692 samantha4692 is offline
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Food for thought, thanks everyone!

There's 21 months left of college for our daughter. My lawyer suggested I offset the child support by claiming spousal support; which I'd then have to give 20.5% to CRA. I don't want spousal support as long as my LTD continues, but would like it should it end. Our daughter makes approximately $20,000 to $25,000 per year while attending college (extremely proud of her) and I've been abused in many ways by my ex for many years.

I just thought it would be cleaner and less lawyer involvement to figure out what the ex will pay for our daughter (food, etc) and split it in half rather than put a bunch of clauses in the agreement about spousal support until child support stops then spousal to re-start should my LTD be discontinued.

Based on comments here I can see I could be setting myself up to do that and I really appreciate the input.

Not trying to deny our daughter in any way; just trying to do what's best overall. The separation is amicable (for now, anyway).
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