Michael Reilly brings over 34 years of specialized experience as a Certified Family Specialist (C.F.S.), helping Durham Region families create fair, workable child custody and support arrangements. With a focus on children’s best interests, he crafts detailed parenting plans, navigates Federal Child Support Guidelines, and ensures enforceable outcomes through mediation, negotiation, or court when needed.
Ontario now emphasizes "parenting time" and "decision-making responsibility" over traditional sole/joint custody labels. Courts prioritize the children's best interests, considering factors like:
Michael can create detailed schedules covering school weeks, long weekends, summer vacations, holidays, and special occasions.
Ontario follows strict Federal Child Support Guidelines based on:
Child support typically ends upon the child turning 18 (age of majority in Ontario), unless extended due to special circumstances like full-time post-secondary education or special needs.
The process begins with complete financial disclosure, including 3 years of taxes, pay stubs, and Notices of Assessment to ensure accurate Federal Child Support Guidelines calculations. Next comes a parenting assessment considering each child's age, needs, and parental availability. Through mediation or negotiation, Michael helps draft a comprehensive parenting plan.
Independent legal review ensures Family Law Act compliance and fairness. If agreement is reached, a consent order is filed; otherwise, a court motion addresses remaining disputes. Finally, FRO (Family Responsibility Office) activation handles automatic collection and enforcement.
Basic child support is determined using monthly table amounts set by the Federal Child Support Guidelines, based on the paying parent's gross annual income and the number of eligible children.
Financial statements (Form 13.1) accompanied by three years of CRA income tax returns are required to verify income.
Base Table Amount
The core amount comes from province-specific Federal Child Support Tables, determined by the payor's gross annual income (Line 15000 on tax returns), the number of children under the age of majority (typically 18, though dependency can extend this), and the payor's province of residence.
Custody Adjustments
Custody time affects the formula: standard (payor <40% time), shared (≥40% each), or split arrangements offset obligations proportionally before applying tables.
Section 7 Expenses
Extraordinary costs (e.g., medical, education, activities) are added proportionally based on incomes, on top of the base table amount.
In shared parenting time (where each parent has the child at least 40% of the time), child support is typically calculated using a set-off amount between both parents' Guideline table figures.
Details:The higher-earning parent pays the net difference to the lower-earning parent, taking into account the increased costs of maintaining two separate households.
Child support typically aligns with the age of majority, which is 18 in Ontario under the Age of Majority and Accountability Act. However, there is no strict cutoff at 18—support often continues beyond if the child remains dependent.
Support extends for "children of the marriage" (per Federal Child Support Guidelines and Family Law Act) if the child is:
Support ends upon financial independence, marriage, emancipation, or court variation/agreement. Payors must seek formal court approval to stop payments; it does not end automatically.
Section 7 special expenses are extraordinary costs beyond basic support, including childcare, medical/dental insurance premiums, extraordinary extracurriculars, and post-secondary education.
Details: These expenses are shared between parents in proportion to their respective net annual incomes.
Yes—up to 3 years back if payor had ability to pay; common when ex-partner deliberately under-reports income.
Under recent updates to the Ontario Children's Law Reform Act and federal Divorce Act, traditional terms like "custody" have been replaced with Decision-Making Responsibility. This refers specifically to major decisions regarding a child's health, education, religion, and significant welfare, distinct from the daily physical schedule (Parenting Time).
Under the Ontario Children's Law Reform Act and Divorce Act, decision-making responsibility and parenting schedules are determined strictly based on the best interests of the child.
Details: Modern terminology replaces "custody" and "access" with decision-making responsibility (covering health, education, and religion) and parenting time schedules tailored to the child's needs.
Yes—Family Responsibility Office enforces through wage deductions, tax refund intercepts, license suspension—automatic upon registration.
Modify child custody by Filing a motion to change, showing material change in circumstances (relocation, income change, child's wishes age 12+).
The Family Responsibility Office (FRO) continues to wield strong tools like passport suspension for arrears exceeding $3,000 or three missed payments, as governed by the Family Responsibility and Support Arrears Enforcement Act (FRSAEA).
Jail time is rare but enforceable through default hearings or contempt findings for willful non-payment, with courts able to impose imprisonment alongside fines.
Courts still impute income for deliberate underemployment or income hiding to ensure fair support obligations, a standard practice unchanged in recent guidelines.
Tax Rules Since 1997
Child support payments made by non-custodial parents via court orders or agreements dated on or after May 1, 1997, are not tax-deductible for the payor, per federal Income Tax Act sections 56.1 and 60.1, which apply uniformly in Ontario.
Recipient Treatment
The custodial parent does not declare child support as taxable income on their return (e.g., line 12800), making it a tax-neutral transfer paid from the payor's after-tax dollars.
Key Distinction
This differs from spousal support, which remains deductible for payors and taxable for recipients; pre-1997 child support may have different rules based on original agreements.
Full and transparent financial disclosure is legally required in all child support matters. Both parents must complete a Form 13.1 Financial Statement backed by their three most recent tax returns and Notices of Assessment to ensure child support and Section 7 extraordinary expenses are calculated on accurate gross income figures.
Yes. Ontario courts can order retroactive child support if a paying parent failed to disclose income increases or underpaid support obligations. Generally, retroactive claims can extend back up to three years from the date formal notice was given, depending on factors such as blameworthy conduct or unreasonable delay.