My question is with reference to who pays child support and how is it calculated. My income is 70K & my spouse is $40K. My child will be living with me.
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Answer: Child support is governed by the Child Support Guidelines. They are regulations to a statute and mandatory. You indicate that your child will be living with you. As long as your child lives with you 61% of the time or more, then your spouse will pay 100% of the required child support under the Child Support Guidelines. If he earns exactly $40,000 as an employee (if he is self employed it becomes more complicated) then for one child, assuming that you live in Ontario, he pays $360 per month, tax free to you. This is called the table amount. In addition, the two of you share the section 7 special and extraordinary expenses proportionally based on your respective incomes. The most common examples are daycare, university, and orthodontics. Of course, there are many other examples.
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(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).