Redpath & FellBARRISTERS & SOLICITORS
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Parenting & Support

Decision-making, parenting time, child support and enforcement.

The law changed its language in 2021 — there is no longer "custody" and "access" in the Divorce Act, but rather decision-making responsibility and parenting time. The vocabulary matters less than the substance, which is what schedule actually works for your children and what each household can afford.

Child support in Ontario is largely formulaic. The Federal Child Support Guidelines set the table amount from the payor's income and the number of children, and the argument is usually about what the income really is — particularly where someone is self-employed — and how special expenses get shared.

We also do a steady volume of enforcement and variation work: support that stopped, orders that no longer match anyone's life, and relocations.

What this covers

  • Parenting plans and schedules
  • Decision-making responsibility
  • Child support and imputed income
  • Section 7 special and extraordinary expenses
  • Variations of existing orders
  • Relocation and mobility
  • Enforcement through the FRO
  • Grandparent and third-party contact

Questions we get asked

How is child support calculated?
For the basic amount, from a table: the payor's gross annual income and the number of children. Where parenting time is roughly equal, a set-off applies. On top of the table amount, childcare, orthodontics, tutoring and similar expenses are usually shared in proportion to income.
He's self-employed and says he earns nothing.
This is common enough that there is settled law for it. A court can impute income based on lifestyle, corporate retained earnings, and personal expenses run through a business. It requires proper disclosure and often an accountant, but it is very much a solvable problem.
Can I stop access if support isn't paid?
No, and doing so will hurt your case. Parenting time and support are legally independent. Non-payment is enforced through the Family Responsibility Office, which can garnish wages and suspend a driver's licence — that is the route, not withholding the children.

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