Basics of Family Law
Child Support
How is child support decided?
Many parents going through a separation or divorce are able to come to a fair and mutual agreement about child support without going to court. This child support agreement usually forms part of a larger separation agreement that covers other issues as well, such as child custody or the division of property.
If you choose to work out your own child support agreement, we suggest you use the child support guidelines as a model for what would be fair. We also recommend you write down your agreement and file it with the court. Once it's filed, you can enroll it with the Family Maintenance Enforcement Program. The FMEP can then monitor your agreement and enforce it if necessary - if the other parent is late in making payments, for example, or refuses to pay. Also, if you are married and later decide to get a divorce, the judge will need to review your agreement to make sure the child support amount is fair. The judge can't grant your divorce unless there are satisfactory financial arrangements in place for the children.
If you cannot work out an agreement on your own, there are people who may be able to help. They include private mediators who are trained in helping couples resolve family issues, and Family Justice Counsellors.
Sometimes, however, an agreement just isn't possible, and you will need to go to court to ask a judge to decide. If you do have to go to court, the judge will use the child support guidelines to make a court order that specifies how much you and/or your children's other parent will need to pay in child support.
We recommend you get legal advice before you make any final decisions about child support.
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