Child Support- Factors considered when granting child support - Child support calculation

 Factors considered when granting child support

Under Section 83 (1) of the Children’s Act, the following principles are applied in making a child custody order;

the conduct and wishes of the parent or guardian of the child;the ascertainable wishes of the relatives of the child;the ascertainable wishes of any foster parent, or any person who has had actual custody of the child and under whom the child has made his home in the last three years preceding the application;the ascertainable wishes of the child;whether the child has suffered any harm or is likely to suffer any harm if the order is not made;the customs of the community to which the child belongs;the religious persuasion of the child;whether a care order, or a supervision order, or a personal protection order, or an exclusion order has been made in relation to the child concerned and whether those orders remain in force;the circumstances of any sibling of the child concerned, and of any other children of the home, if any;the best interest of the child.

Where one parent is given custody, the other parent shall still have all or any rights and duties in relation to a child, other than the right of possession, jointly with the person who is given custody of the child.

Joint Custody 

Where joint custody of children is awarded to the parents or guardians, both parties are expected by law to be jointly responsible for the maintenance of the children.

Child support calculation

there are a few things that typically influence how much child support the non-custodial parent must pay under Section 94 of the Children’s Act including:

The income or earning capacity, property and other financial resources which the parties or any other person in whose favour the court proposes to make an order, have or are likely to have in the foreseeable future;the financial needs, obligations, or responsibilities which each party has or is likely to have in the foreseeable future;the financial needs of the child and the child’s current circumstances;the income or earning capacity, if any, property and other financial resources of the child;any physical or mental disabilities, illness or medical condition of the child;the manner in which the child is being or was expected to be educated or trained;the circumstances of any of the child’s siblings;the customs, practices and religion of the parties and the child;whether the respondent has assumed responsibility for the maintenance of the child and if so, the extent to which and the basis on which he has assumed that responsibility and the length of the period during which he has met that responsibility;whether the respondent assumed responsibility for the maintenance of the child knowing the child was not his child, or knowing that he was not legally married to the mother of the child;the liability of any other person to maintain the child;the liability of that person to maintain other children.

Consequences for nonpayment

If child support payments are withheld or not paid, enforcement actions may become necessary including employers being ordered to withhold the child support from paychecks in order to send it to a children’s office or other designated account.