In Ontario, child support is governed by either the Federal Child Support Guidelines, or the Ontario Child Support Guidelines. The Federal Guidelines apply to children of married spouses, and the Ontario Guidelines apply to children of other types of relationships.

Generally, child support is a very black-and-white area of the law. Meaning, the amount you pay is based on the amount you earn. Child support is the right of the child, and is generally non-negotiable.

The first step in determining the amount of support owed, is to determine the income of the parents. For most parents, a calculation can be done from their Notice of Assessment, or T4. However, if a parent is self-employed, underemployed, or has an unusual income situation, the court may adjust or “impute” income to reflect their true earning capacity.

Once income is established, the Child Support Tables are used to determine the basic monthly support amount. This amount is intended to cover everyday expenses such as food, clothing, housing, and transportation.

Where a child resides primarily with one parent, support will be paid by the non-resident parent. For families that have a shared parenting plan, an offset amount of child support may be paid. The offset amount is calculated by determining both parents’ incomes and their respective support obligations. The parent with the higher income will pay the difference in child support to the other.

Parents may also be required to contribute to special or extraordinary expenses, often called Section 7 expenses. These can include childcare costs, uninsured medical expenses, post-secondary education costs, and certain extracurricular activities. Such expenses are usually shared in proportion to each parent’s income.

Child support does not necessarily end when a child turns 18. Support may continue if the child remains dependent due to full-time education, illness, or disability.

Because child support is based on income, parents are required to exchange financial information regularly and adjust payments when income changes.

In Ontario, unpaid child support can be enforced through the Family Responsibility Office, which has the authority to collect arrears through wage garnishments and other enforcement measures.

If you are separated and have questions about your child support entitlement or obligation, please call our office at (905) 523-6464, or send an inquiry through our website.