Child Custody and Access

What You Need To Know About Child Support in Family Law

Cild Custody

When a relationship ends, one of the most challenging decisions parents have to make is who gets custody of the children. Each parent may have different visions for the children’s future. Parents may also have different values and beliefs about child-rearing. When parents can’t agree on sharing custody, the most common solution is for one parent to get primary physical custody and the other to get joint legal custody. 

When there is a dispute about who gets primary physical custody, courts will usually decide which parent should have direct care of the children based on their best interests. If you or your loved one is involved in a custody battle, don’t hesitate to seek help from an experienced attorney.

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1. Child support and Family Law

 When parents have children together, the law requires one of them to support the child financially. This is known as child support, and it is a legal obligation based on each case’s unique circumstances. The amount of child support paid will depend on several factors, including the parenting time, health care expenses, and other unusual costs of the child. In addition, child support covers the child’s educational costs. Child support is a financial obligation that parents with children are required to pay. If you are unsure how much child support you must pay, speak to a family law attorney who can help you calculate the appropriate amount.

2. Custody and Access in Family Law

Custody is the legal right of a parent to have physical custody of their child and decision-making authority over the child’s upbringing. According to Canadian family law, Under sections 15 to 19 of the Divorce Act, 1985, a court may grant custody of and access to children as one form of corollary relief. A petitioner in their divorce application, or the responding spouse in a counter-petition, may request corollary relief as part of their application. Parents get the right to visit their kids if they have access. This also applies to the non-custodial parent. They also have the right to know about kids’ education, health, and safety.

3. Types of Child Custody

There are three types of custody: physical, legal, and joint.
1. Physical custody refers to who has care and control over a child during their downtime – this can be the father, mother, or another legal custodian such as a relative or guardian.
2. Legal custody refers to who makes the legal decisions for a child, such as whether they will have an attorney or go to court.
3. Joint custody is when both parents have legal and physical control.

4. Who is responsible for paying child support?

When it comes to custody and access, it’s essential to know the law to make the best decisions for your family. Child support is a mandatory order that the court issues in cases where both parents are involved in a child’s life. The parent who has custody of the child is usually responsible for paying child support unless there is a specific agreement between the parents. Remember, family law is complex and varies from state to state, so always speak to an attorney if you have any questions or concerns.

5.When shared custody becomes available, who has primary custody?

If shared custody becomes available, who has primary control can be confusing. Ultimately, it is up to a court to make this determination based on all of the relevant evidence in a particular case. This means that each parent has equal rights to the child concerning time, place, and decision-making. This can be a complicated process, but knowing the basics of family law can help make the process a little easier.

6.How much should child support be paid?

The amount of child support paid is based on various factors, including the income and earning potential of both parents and the child’s needs. If you’re receiving child support and your spouse moves out of state, keep up with all court orders and changes in residency. In addition, family law courts will consider various factors when determining the appropriate amount of child support to award, such as the child’s education and medical expenses. So, whether you’re the custodian of a child or the parent receiving support, make sure to understand your legal obligations very well to avoid complications.

7.Modification of Current child support order

Always be aware of your options. Modifying your order may require going through Family Court and having a hearing, but it’s worth it. If you’re eligible and want to change your order, the first step is to speak with an attorney. From there, the lawyer will guide you through the process and help you choose the best way to modify your order. Be prepared to provide updated financial information and prove that you meet all child-rearing needs. There are various ways to modify your order, including changing the amount, modifying custody arrangements, or terminating payments. No matter which route you take, consult with an attorney who can help you navigate the legal system and get the child support order you deserve.

8. Frequency of Payments

Payments are typically made regularly, every month or two. This helps to ensure that the child is adequately taken care of and that the parents can maintain a reasonable standard of living. If there are particular circumstances, like a parent working overseas, the court may order more frequent payments. So, whether you’re seeking support for yourself or your child, knowing the law and negotiating a payment plan can help ensure a smooth and successful family law case.


Child support is a legal obligation imposed on one or both parents of a child living with them. This obligation is in place to help support the child and cover the costs associated with their upbringing. There are several factors that the court may consider when determining the amount of child support that parents should pay, such as the income and expenses of both parents, the child’s needs, and the child’s standard of living. It is essential to consult with a family law lawyer to understand your specific situation and to make sure that your child support order is appropriate.

At Borden Family Law, our focused area of practice means our clients benefit from our in-depth knowledge. 

To see how we can help you resolve your issue, call us at 905-576-6090 or contact us online.

Child Custody and Access