Child support is often a contentious issue in family separations and litigation. Finances are finicky, personal, and emotional. The reality, however, is that child support is the right of the child. It is not a payment that will make your former partner rich. But it is instead a payment that ensures your child(ren) maintain a standard of living in both households.
In Ontario, child support is governed by the Federal Child Support Guidelines (for divorces) and Ontario Child Support Guidelines (for all other scenarios). These guidelines allow lawyers to use support calculators to determine the monthly amount of child support payable by an individual. These calculators take into consideration the income of the parties, the number of children in the family and the parenting arrangement. For example, people who have equal shared parenting will have a different support obligation than a parent who sees their child every other weekend.
The Guidelines require that, subject to a few particular circumstances, your income should be calculated from the total income on your T1 General issued by Canada Revenue Agency. The Guidelines also require that the most current information be used. Therefore, you should use your total income from your most recent T1 General to determine your income for support calculations.
If your income situation is not complicated, for example you are a salaried employee, there should be no reason to fight over what your income is. Any fight over child support will delay the payment you will eventually have to make. This means you may have to pay a large lump sum of arrears, as well as a monthly amount. Staying on top of your child support obligation is in the best interest of both your child and your financial situation. Additionally, staying on top of your child support obligation will help the judge see that you are a child-focused parent.
In conclusion, if you are a salaried employee or you do not fall into one of the exceptions in the Guidelines, there is no reason to overcomplicate your total income. Child support is the right of the child and is a responsibility that should not be avoided.
No one wants to need a lawyer. But when you do, you deserve one who not only knows the law but also respects your time, your story, and your goals. If you’re facing a legal challenge—or just want to plan ahead—we’re here to help. Give us a call at 905-523-6464 or email info@pjkjlaw.ca.
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