Child support is a legal obligation in family law that requires a parent to financially contribute to the well-being of his or her child, both during and after the parents’ separation or divorce. In Ontario, child support is governed by the federal Divorce Act for married couples. If the couple is not married (common-law), child support is governed by the Family Law Act.
The main objective of child support is to provide for the child’s needs, such as basic life necessities, education, and extracurricular activities. Child support is payable regardless of whether the child’s parents were married or were common-law partners. There are also circumstances in which a non-biological parent may be required to pay child support following a breakup.
Factors that a court may consider in determining whether a parent ought to pay child support include: where the child lives; the child’s age and heath; the child’s education fees; whether the child is involved in extracurricular activities; how many children child support is being sought for; the financial impact of child support on the paying parent; and the paying parent’s income, debts, and assets.
A parent responsible for paying child support is required to make full and fair financial disclosure so that the court has sufficient information to order the terms under which child support is payable. If the parent refuses to do so, a lawsuit may be commenced against them compelling them to make financial disclosure. The obligation to make financial disclosure does not end after a child support order has been made. Upon written request, a parent may be required to make ongoing financial disclosure annually after the granting of a child support order.
The period of time for which a parent may be responsible for paying child support depends on whether the parents were married and subject to the Divorce Act or unmarried (common-law) and subject to the Family Law Act. Generally, the responsibility to pay child support ends when a child reaches the age of majority (18 years of age) or earlier if the child gets married or has voluntarily become independent. There are exceptions to these general rules. For instance, child support may be payable to a child beyond the age of 18 if the child is disabled, ill, or attends post-secondary school – in other words, if the child remains dependent.
The Federal and Provincial Child Support Guidelines are used to determine the amount of child support based on several factors such as the number of children and the payor’s income. The amount determined to be paid for child support is typically to be paid on a periodic and ongoing basis. Contact Kamalie Law for a free consultation.
Frequently asked questions
What is a breach of contract?
A breach of contract happens when one party under the contract fails to fulfill their obligations – either partially, or fully. This means that someone (a person or a corporation) either did something that they were not supposed to do or did not do something that they were supposed to do. Their conduct has shown that they are not honouring the contract.
While this is a broad definition, there are multiple types of breach of contract and multiple ways that a breach of contract can be resolved. While we may naturally think of one party simply failing to pay or someone failing to deliver goods or services, there are multiple different parts of a contract that can be breached, and the remedies may be different in different situations.
What are the remedies for a breach of contract?
There are two main remedies that litigants seek and are awarded in a breach of contract lawsuit.
An award of damages is one of the most well-known remedies. The innocent party may seek all out-of-pocket expenses and unquantified damages (i.e., loss of business, reputational losses, etc.) that it has suffered as a result of the defaulting party. However, the question of what damages may be claimed and awarded is not always met with a simple answer. Although most damages suffered can be claimed, courts will often exclude damage that it considers to be ‘remote’, or which was not a ‘reasonably foreseeable’ consequence of the breach of contract.
Another remedy is called specific performance, which is a court declaration requiring a contracting party to fulfill its contractual obligations. This remedy is typically only granted when courts determine that damages are an inadequate remedy. It must be noted, however, that a declaration for specific performance does not actually force a party to fulfill their contractual obligations. In other words, although a court may award specific performance, the defaulting party may choose to ignore the order and to continue acting in breach of contract. In such situations, the innocent party may proceed to seek damages and may seek an order that the defaulting party is in contempt of court.
How can Kamalie Law assist in contract disputes?
At Kamalie Law, our lawyers have extensive experience in litigating and resolving contract disputes. We have represented both the innocent party that wishes to commence a claim as well as the party who is alleged to be in breach of contract and is forced to defend a claim. In each scenario, our primary objective is to determine our client’s objectives and to formulate a strategy that will achieve that objective in the least time possible.
CONTACT US
Representing Clients Across Ontario
Request a call back!
© COPYRIGHT 2024 KAMALIE LAW | POWERED BY KIULOPER