CHILD CUSTODY & SUPPORT

Custody is all about decision making authority.  The parent who has custody gets to decide solely on issues affecting the child(ren), such as: what school they will attend, what doctor or other health care provider they will see, their religion instruction and welfare.  While in most cases the parent with custody is the one that has primary residence of the child, this is sometimes not the case – custody is not necessarily related to where a child lives.

Custody is about which parent will have decision making authority over the child(ren).  The parent with primary residence of the children has to take care of them, buy them food and clothes for them, pay for outings and activities, look after all their day-to-day needs and keep the home running.  The Access parent usually has to pay the parent with custody money to help cover the costs of taking care of the children.  This payment is called child support.

The amount of child support to be paid in Ontario is set out under the Child Support Guidelines and is based on the income of the person who does not have primary residence of the children.

In rare cases, a court can award less than the guideline amount where paying the amount would cause undue hardship to the payer.  The person paying support usually must provide yearly updated financial information to the support recipient.  Should you have any questions about any of these issues please contact Baratz Law today for a free confidential consultation with a lawyer.