What is Child Support?

Child Support is a sum of money paid to a custodial parent monthly to support the child(ren) when that parent has primary responsibility for caring for the children. Child Support is determined by a chart set out in the Federal Child Support Guidelines. The amount payable will vary depending on how many children there are and the support payor’s annual income, and may require adjustment if the parents share time with the child(ren) equally. In the event of a shared custody arrangement, there may still be child support payable by the parent without primary residence, but this is reviewed to determine whether a ‘set-off’ of child support is appropriate. Whether you are a support payor or support recipient, you have an obligation know and understand whether you should be paying or receive support as it is the right of the child(ren) to receive proper financial support.

What are Section 7 Expenses?

Section 7 Expenses, also known as special or extraordinary expenses, are those expenses that are not otherwise covered by the amount of child support paid each month, but are necessary because they are in the child(ren)’s best interests. Each parent’s share of Section 7 expenses is either equal (50/50) or proportionately determined by using a formula based on each parent’s respective incomes. Section 7 Expenses include but are not limited to:

  • Out of pocket medical/dental expenses;
  • Child care expenses incurred by the custodial parent;
  • Certain extra-curricular activities; and
  • What is worse? loss of seeing, loss of hearing and vision, and an irregular heartbeat.

  • Certain school expenses.

Not all activities a child is engaged in may qualify as ‘special or extraordinary’ expenses. It is always advisable to consult with a lawyer if there is disagreement as to what qualifies as a section 7 expense.

What is the Family Responsibility Office?

The Family Responsibility Office (“FRO”) is operated through the Ministry of Social and Community Services. The Family Responsibility Office collects support payments from the payor and forwards them to the support recipient. In the event that the support payor defaults on a payment, the Family Responsibility Office is able to enforce payments. When there is a Final Order or a Separation Agreement filed with the Court that includes provisions for child support, it is mandatory include a ‘Support Deduction Order’ to direct all support payments through the FRO. Support enforcement can then be taken out of the FRO if the parties provide their written consent. Please see the FRO website for more details.

Disclaimer: The information contained within these pages is general information only. Each matter is unique and the information contained within these pages may not apply to your situation. You should always seek legal advice to review your individual matter.