Sentences with phrase «support payor»

A recent Ontario Court of Appeal decision explored how courts address requests made by a spousal support payor who wishes to eliminate their support obligations towards their ex-spouse following retirement.

By Lisa Gelman A recent Ontario Court of Appeal decision explored how courts address requests made by a spousal support payor who wishes to eliminate their... Read more

The Child Support Guidelines determine how much child support the payor parent must pay per month based upon his / her income and the number of children involved.

This week's blog attempts to clarify the implications for support payors who find themselves in these circumstances.

The basic With Child Support Formula applies to couples with dependent children, where the spousal support payor also has a child support obligation.

A self - employed support payor's income for support purposes may be more difficult to determine than someone who is an «employee.»

By Jennifer Samara Shuber Many support payors are under the impression that child support ceases when that child leaves home to attend a post-secondary... Read more

Mr. Grenon argued that child support payors and payees are treated differently under the Income Tax Act, and that this distinction results in discrimination on the basis of sex and family status in violation of his section 15 Charter rights.

The formula is modified for spouses with split custody, shared custody or mixed custody; step - parents; spouses with support obligations to a prior spouse or children; spouses with an adult child who receives child support; and situations where the spousal support payor has primary care of the child / children.

While many arguments were raised in the courts below, Justice Brown focused the issue on what happens where a support payor dies with a life insurance policy who was required by court order to name a spousal or child support recipient as the irrevocable beneficiary of the policy.

Under the Family Law Act or the Divorce Act, a court can order a support payor to designate the support recipient as the irrevocable beneficiary of a life insurance policy to ensure funds exist at the time of the payor's death to satisfy his (or her) support obligations specified in the support order.

A support payor may be ordered to pay additional child support to cover all or any portion of expenses described in section 7 of the Federal Child Support Guidelines:

If you are either a support payor or a support recipient, and wish to vary or change the amount of child support previously ordered by the Court, or as set out in a Separation Agreement, you may have the level of support changed by bringing a Motion

Whether child support is ordered for these expenses depends on the needs of the child, the ability of the support payor to pay, and the spending patterns of the family before the parties separated.

The Federal Child Support Guidelines provides a formula for the determination of Child support based on the income of the support payor and the number of Children of the relationship.

However, when a support payor is self - employed, his income for support purposes may not be the same as his declared income as set out in his Income Tax Return.

When a support payor is self - employed, a court may determine that certain deductions from the payor's income or business be added back into the payor's declared income in order determine his / her income for child support purposes.

The Federal Child support Guidelines also provide that in addition to the base amount of child support to be paid by a payor (as determined by his / her income and the Federal Child Support Guidelines), a support payor must also pay his / her pro-rata share of the Child's extraordinary expenses.

The support payor's income for support purposes may be more difficult to determine than someone who is an «employee».

The quantum of child support is based on the income of the support payor.

A 1999 Supreme Court case on this issue stated that there is a strong presumption in favour of using the Table amount for all income over $ 150,000, and that the support payor will have to show that the Table amount would be unsuitable in order for the court to deviate from it.

The support payor then must go on to show that he or she meets one of the criteria specified in s. 10 (2) as potentially creating undue hardship.

In order to show undue hardship, the support payor must first establish that his or her household standard of living would be lower than that of the other parent if the Table amount were enforced.

A support payor's income is relatively easy to determine when the payor is not self - employed.

Similarly, there is no requirement in the Family Law Rules or the Child Support Guidelines for a support payor to retain an expert to determine his or her income for support purposes.

If a support payor is self - employed, it may be more difficult to enforce a support Order.

Child support is governed by the Federal Child Support Guidelines and is based on the number of children that support is payable for and the income of the support payor.

Child support is not tax deductible to the support payor or taxable to the support recipient.

When a support payor is self - employed, a court may determine that certain personal deductions from the payor's income or business be added back into the payor's declared income, and grossed up for tax, in order determine his / her income for child support purposes.

If a lessor amount is being paid then the support payor must prove that they are supporting the child in an alternative way which is acceptable to the court and both parties (i.e. paying private school tuition or a...

In determining the support payor's proportionate share of the s. 7 expenses, you must also determine the support recipient's income.

The Federal Child Support Guidelines contains a formula for the determination of child support based on the income of the support payor and the number of Children from the relationship.

Therefore, it is irrelevant if the support payor is not visiting with his / her child or the support recipient is preventing the same.

These records may establish an evidentiary basis upon which a court may impute a higher income to a support payor.

However, when a support payor is self - employed, his / her income for support purposes may not be the same as the declared income as set forth in his / her Income Tax Return.

Likewise, if a support payor can establish that a support recipient has unreported income, then the support payor may be able to reduce his or her spousal support obligation or contributions to special or extraordinary child - related expenses accordingly.

A: The Federal Child Support Guidelines also provide that in addition to the base amount of child support to be paid by a payor (as determined by his / her income and the Federal Child Support Guidelines), a support payor must also pay his / her pro-rata share of the Child's special or extraordinary expenses.

Unlike a support payor who is employed, there are no wages to garnish.

Understandably, the support payors become resentful if they feel that they are making support payments to someone who is cohabiting, as they feel that they should not have to «support» this new relationship.

If you are a support payor and your former spouse has recently moved in with a new partner, the change in his or her circumstances will not affect your child support payments at all, but may affect spousal support.

An increase in your household income following remarriage has no consequences to what the support payor owes the child.

In particular, the question was where a support payor owns a life insurance policy and is required to name the support recipient as irrevocable beneficiary of the policy, what rights does the support recipient have to the policy proceeds in the face of a competing claim of another dependant of the deceased payor brought under the Succession Law Reform Act («SLRA»).

If a lessor amount is being paid then the support payor must prove that they are supporting the child in an alternative way which is acceptable to the court and both parties (i.e. paying private school tuition or a residency fee).

The support payor, nor a third - party agency, have the ability to control or monitor how child support is spent by the support recipient.

The adult child in Vivian had Schimke Immunosseous Dysplasia (SID), but the support payor believed «that it is part of the provincial government's policy that the social safety net, including social services, are intended to be the primary mode of financial support for adult children that are disabled».

The first of the two Ontario Court of Appeal decisions is quite remarkable for its strict adherence to statute law in the face of a support payor's significant default.

You will need to input the child support payor's income, the number of children, and the province in which the paying parent lives.