Child Support In Ontario

All parents in Ontario are responsible for financially supporting their children until the children are no longer considered dependents. Thus, when a couple splits, each parent has an obligation to provide for the child, regardless of the parenting arrangements. This obligation cannot be waived as child support is deemed to be the “right of the child”, not either parent.

How Do I Calculate Child Support In Ontario?

Financial Disclosure

In Ontario, the Child Support Guidelines help determine the amount and frequency of child support payments. These calculations are based on each parent’s gross annual income and the number of children requiring support.

Married or separated spouses typically follow the Federal Child Support Guidelines. In contrast, common-law partners use the Provincial Child Support Guidelines.

To calculate child support, both parents must provide full financial disclosure. This step is especially important if there is a dispute about the amount owed. Each parent should share income information from the past three years. This may include tax returns, notices of assessment, T4s, corporate tax filings, employment insurance, or disability payments. If requested, parents may also need to provide annual proof of income. This helps determine whether the support amount should be updated.

Child Support Calculation

When all parties provide their gross income information, you will need to calculate the amount of child support. The Governments of Ontario and Canada have established a Table to help you attain this number. This Table provides a base amount that all payor parents in your exact situation must pay. Consequently, this amount is referred to as the “base table amount.”

Child Support Example

Herald earns a gross income of $80,000/year. He is in the midst of divorcing his wife Emily who earns $45,000/year. The spouses have two children together, 11 year old Mike and 9 year old Sophia. The couple has decided that the children will live with Herald primarily and live with Emily every other weekend. Despite earning almost double Emily’s income, Herald will receive $674/month from Emily for child support due to the parenting schedule.

Next year, Herald’s and Emily’s incomes do not change. However, the children now live with both parents equally, alternating every other week. Now Herald will owe Emily $537/month for both children.

The following year, Emily’s income doubled, and she now earns $90,000/year. If Herald and Emily maintain the same shared schedule with their children, Emily will owe Herald $140/month in lieu of child support as she has the greater income.

As incomes and other circumstances can change throughout the years, it is important to remember to recalculate the child support annually so it can reflect these changes.

Please see the Ontario Child Support Calculator for more information.

Despite this base table amount, everybody’s circumstances are unique to them and may be factored into the calculation to either increase or decrease the child support amount. For example, in addition to this amount, extraordinary or special expenses would sometimes also need to be paid. However, these are not solely paid by one payor parent. Instead, extraordinary expenses are generally split between the parents proportionally to reflect their respective incomes (S.7(2) Child Support Guidelines, both Federal and Ontario).

Extraordinary Expenses

Extraordinary expenses may include costs such as:

• Daycare costs that were incurred as a result of illness, employment, education, or disability of the parent who has the majority of the parenting time with the child;
• Any premiums for medical or dental insurance that can be apportioned to the children;
• Healthcare costs that exceed the amount insurance will reimburse. These can include products and services such as orthodontic treatment, professional counselling, social worker, psychiatrist, physiotherapy, occupational therapy, speech therapy, prescription drugs, hearing aids, glasses and contact lenses;
• Educational program expenses;
• Post-secondary expenses; and
• Extracurricular activity expenses.

These expenses are not included in the Table. Instead, they will need to be calculated independently, but will be considered with the base table amount afterward. If you require help to determine your child’s special expenses or to determine who shall pay them and how much, please contact a Family Law Lawyer.

Can I Change the Amount Of Child Support I Pay?

In life, nothing is set in stone. As children grow older, their needs change. Sometimes our circumstances also change. Here are some factors that may trigger a request to vary child support:

• Obtaining employment;
• Losing employment;
• A significant change in income;
• A significantly large accumulation of debt;
• Marriage;
• Relocation;
• A change in parenting time;
• Disability of either child or parent;
• The legal need to support an ill or disabled person; and
• Other factors causing undue hardship (10(2) Federal Child Support Guidelines).

All these factors can influence the amount of child support you are obligated to pay or are entitled to receive. If you believe that an event has occurred which may change the amount of child support you owe or are entitled to, you can first ask the other parent to provide financial disclosure to recalculate the amount. Unfortunately, this request is usually only effective if both parents are cooperative.

If there is a dispute regarding child support, it is best to seek guidance from a lawyer who can help obtain financial disclosure from the other party and settle a new child support amount. Additionally, it is recommended to review the child support amounts annually to ensure that all personal and financial circumstances are considered, as it is common for the support amount to fluctuate over the years.

When Can I Stop Paying Child Support?

In Ontario, parents must pay child support until the child turns 18. However, support often continues beyond that age.
Parents remain financially responsible as long as their child qualifies as a dependent. Typically, this includes children under 18. But a child over 18 may still be considered dependent if they have a disability or are pursuing their first post-secondary degree.

What Happens If I Stop Paying Child Support?

Do not stop child support payments without proper legal documentation. You can only end support if you have a written agreement that clearly outlines the termination conditions or a court order. Without these, the court may issue enforcement orders through the Family Responsibility Office (FRO). The FRO has the authority to garnish wages, register liens, suspend driver’s licenses, cancel passports, and in extreme cases, request jail time from a judge.

Some parents try to avoid child support by becoming unemployed on purpose. Courts strongly disapprove of this. If a parent deliberately avoids their obligation, the court may impute income. This means the court will assign a higher income for support calculations, regardless of the parent’s actual earnings.

How Do I Vary the Child Support?

Child support orders are binding, but they are not permanent. The Guidelines allow changes when there is a significant shift in a parent’s or child’s financial situation or needs. However, not every change qualifies. For instance, a recent court decision confirmed that short-term income fluctuations do not justify changing support obligations. In contrast, the court may consider serious changes—such as a disability, illness, or a major loss or gain in income—as valid reasons to vary support.

To change the amount of child support, start by speaking with your former spouse—ideally through your lawyers. Both parties should exchange full financial disclosure to renegotiate the amount. The lawyers can then help prepare the necessary documents and draft an agreement outlining your rights and obligations. If this approach fails, you may need to ask the court to resolve the matter.

How a Family Law Lawyer Can Help

When couples separate, they must create a proper arrangement for the financial support of their children. Because separation can be emotionally difficult, working with a family law lawyer to draft a separation agreement can ease the burden on both parents and children.

A separation agreement outlines the terms of child support, including the amount, frequency, and duration of payments. Having a formal document in place helps reduce the risk of future disputes.

If you have questions about using the Ontario child support calculator or need a separation agreement to define your rights and obligations, contact the family law team at Beffa Law. We’re here to help with all your family law concerns.

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