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How does child support work?

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  • How does child support work?

    Good evening! I have posed a few questions in the past with regards to my step-granddaughter that I currently have in my care (since March 10) and I am trying to understand how the whole child support thing works. I was recently in court to get an interim custody order and the City of Toronto (the baby is currently getting social assistance - I am not) asked my why I had not included child support with my motion for custody. I explained to her that not only did I have no way to reach either parent until recently but I also had no idea where the father worked, a birthdate, nothing, and I did not know that I could have gone for support payments from him (mother is a drug addict and hasn't worked a day in her life). My lawyer has told me that I will need to provide financial statements. I am curious as to why. This is not my child and I have to wonder what difference it makes what my family income is or what my monthly costs are. The parents have not given, or offered me a cent since I have started to care for their child. I do collect the baby's CCTB and have been since May. On what basis is child support payments made? Solely on income of payor or does it take into account the income of the recipient as well? Will payments be retroactive and I will pay the City of Toronto back? Too many questions to type!! Unfortunately, anything that I have read at FRO's website only deals with spouses and not grandparents!

    Help please!!

    Thanks very much
    Sloane

  • #2
    Sloane,

    Remember your strategy, get interim custody first, then proceed with child support from BOTH parent's.

    Child support is the right of the child.

    On what basis is child support payments made? Solely on income of payor or does it take into account the income of the recipient as well? Will payments be retroactive and I will pay the City of Toronto back?
    Child support is calculated on the payors previous years gross income. (Line 150 of their respective income tax return. If a payor's gross income fluctuates from year to year, take the last 3 years line 150 amounts add together and divide by 3 to determine an average income and compare against the guidelines.

    The child support guidelines with tables can be found here

    http://www.e-laws.gov.on.ca/DBLaws/R...h/970391_e.htm

    The income of the recipient is irrelevant. One thing to consider is that Both the parents have a legal obligation to support the child. The mother is living somehow and an income can be inputted to her.

    Any retro child support received would go towards the social assistance the child receives from the municipality.

    lv

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    • #3
      grandmothers and custody

      Hi Sloane,

      I stumbled upon this page today on the Ontario Women's Justice Network. Reading it made me think of you, so I'm giving you the link:

      http://www.owjn.org/issues/custody/grandmothers.htm

      Best of luck! Your step-granddaughter doesn't know how lucky she is to have you fighting for her rights.

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      • #4
        Thank you very much for the link. It was very informative. I have been finding it very difficult to get information as it relates to my situation with my granddaughter as everything seems to be in relation to parental custody issues and not grand-parental!!!

        Sloane

        Comment

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