Child Support &
Special Expenses

Child Support & Special Expenses

If you landed on this page, you may require the assistance of a child support lawyer in Toronto. Rely on Gottlieb Law Firm when you demand excellence, commitment and experience. 

Every parent has an obligation to support their children to the best of their ability. Generally, the parent with whom the child resides will be incurring the majority of the cost of raising that child and will therefore receive support.

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The definition of a “parent” includes not just a biological or adoptive parent, but anyone who stands in the place of a parent. This most commonly includes step-parents. If you have demonstrated an intention to treat your spouse’s or common-law partner’s child as your own and as part of your family, you may upon separation be obligated to pay support for that child.

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Child support is essentially the financial contribution paid by a parent to help provide for his or her children, who are not in the parent’s custody. Under the Child Support Guidelines, child support will be determined by a set formula, rather than decided on a case-by-case basis by a judge.

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The amount of the payment is based on the income of the parent who pays support and depends on the number of children being supported. Tables have been prepared listing the amount to be paid based on income level and number of children. Under the Guidelines, a court may order a support amount that is different from the tables under certain circumstances.

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Jurisdiction over family law matters is split between the federal and provincial governments. Federal law applies to child support ordered in cases of divorces, while provincial law applies to child support ordered in all other cases, for e.g. when the parents are separated or were never married. Provincial law also applies to all child support agreements that are not part of a court order.

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Child Support Lawyers Toronto | Special or Extraordinary Expenses

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The Federal Guidelines define “special” or “extraordinary” expenses as expenses that are:

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• Necessary because they are in the child’s best interests; and

• Reasonable given the means of the parents and the child and in light of the family’s spending patterns before the separation.

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Special or extraordinary expenses are:

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• Child-care expenses that you may have to pay as a result of a job, an illness, a disability, or educational requirements for employment if your child spends most of his/her time with you;

• The portion of your medical and dental insurance premiums that provides coverage for your child;

• Your child’s health care needs if the cost is not covered by insurance (for e.g. orthodontics, eye care, medication or counselling services);

• Extraordinary expenses for your child’s primary, secondary, post-secondary or any other educational programs that meet your child’s particular needs; and

• Extraordinary expenses for your child’s extracurricular activities

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An expense for education or extracurricular activities is considered extraordinary only if:

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• It is more than you can reasonably pay based on your income and the amount of child support you receive; or

• It is not more than you can reasonably pay, but it is extraordinary when you take into account:

• Your income and the amount of child support you receive;

• The nature and number of educational programs and extracurricular activities; the overall cost of the educational programs and activities;

• Any special needs and talents of the child; and

• Any other similar factors that are considered relevant.

Once an expense is found to fit within the prescribed list, a court will seek to determine whether the expense is necessary and reasonable. A court may require details of the expense such as receipts, details of the need for the expense and the reasonableness of the expense. The onus to prove that the expense is a special or extraordinary expense falls on the parent who seeks contribution or payment for the expense.

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To learn more about Child Support Guidelines, special and extraordinary expenses and how they may impact you and your children call our office to speak to one of our experienced child support  lawyers in Toronto.

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For more information contact our child support lawyers at Gottlieb Family Law located in the Greater Toronto Area, call us at (416) 227-1653 or send us an email at:  ggottlieb@gottlieblawfirm.com