Child support in Ontario

Child support in Ontario is mostly arithmetic. The table sets the base figure from the payor's income and the number of children, and the argument is almost never about the table. It is about what the income actually is.

About this work

What is the argument actually about?

Income, nearly every time. The table is public, the arithmetic is fixed, and once the payor's income is agreed the base figure is not really negotiable. So the work is in establishing what the income is.

For an employee on a T4 that is usually short. For somebody self employed, running a corporation, paid partly in cash, or with income that swings year to year, it is the whole case. Business expenses that reduce taxable income but do not reduce the money actually available, retained earnings in a company, and a genuinely variable income all have to be worked through, and the Guidelines contain machinery for doing it.

The second argument is section 7. Whether an expense is necessary in relation to the child's best interests and reasonable in relation to the family's means, and whether an educational or extracurricular cost is extraordinary at all, are judgment calls rather than lookups. Section 7(1.1) defines extraordinary partly by reference to what the requesting parent can reasonably cover out of their own income and the table amount they receive.

The third is parenting time, because of the 40 per cent threshold in section 9. That number changes the calculation materially, which is why it gets argued about, and why a schedule drawn to land just above it invites scrutiny of what actually happens rather than what the agreement says.

Written by the firm. Pending review by Kapil Rathod, Barrister and Solicitor, Law Society of Ontario licence 77122E.

How the figure is built

Two components, and only one of them is a table lookup

Section 3(1) of the Federal Child Support Guidelines sets the presumptive rule. The amount is the table figure plus whatever is determined under section 7, and the second part is where most of the negotiation happens.

  1. The table amount, from the payor's income

    Set by the number of children under the age of majority and the income of the spouse against whom the order is sought. It is the table for the province where that spouse habitually resides, not where the children live. If the payor is outside Canada or their residence is unknown, the table for the recipient's province applies instead.

  2. Plus a share of special or extraordinary expenses

    Six categories under section 7(1): child care needed because of the other parent's work, illness, disability or education; the child's portion of medical and dental premiums; health expenses exceeding insurance reimbursement by at least $100 a year; extraordinary primary or secondary school costs; post-secondary education; and extraordinary extracurricular activities.

  3. Shared in proportion to income, not equally

    The guiding principle in section 7(2) is that the expense is shared by the spouses in proportion to their respective incomes, after deducting any contribution from the child. A parent earning twice as much pays twice as much of the orthodontist.

  4. And it is the child's right, not the parent's

    Which is why it cannot simply be traded away in a separation agreement, why a court granting a divorce has its own duty to check the arrangements, and why arrears do not disappear because the other parent stopped asking.

The route

How does the process run?

6 stages, each with its own clock

Each rule below is from the Federal Child Support Guidelines or the Ontario Family Law Act. The table amounts themselves are published in Schedule I and depend on income, province and the number of children, so they are not printed here.

01

The presumptive rule

Guidelines s. 3(1)

For children under the age of majority, the amount is the applicable table figure for the number of children and the payor's income, plus the amount, if any, determined under section 7 for special or extraordinary expenses.

02

Which province's table applies

s. 3(3)

The table for the province where the payor habitually resides when the application is made, or where they habitually reside at determination if that has changed. Where the payor lives outside Canada or their residence is unknown, the recipient's province governs.

03

Income over $150,000 is treated differently

s. 4

The court may apply the ordinary table amount, or, if it considers that inappropriate, apply the table to the first $150,000 and award what it considers appropriate on the balance, having regard to the children's condition, means and needs and each spouse's ability to contribute.

04

Shared parenting changes the calculation at 40 per cent

s. 9

Where each spouse exercises not less than 40 per cent of parenting time over the course of a year, the amount is determined by taking into account both parents' table amounts, the increased costs of the shared arrangement, and the conditions, means, needs and circumstances of each spouse and child.

05

Adult children are covered, on a different footing

s. 3(2)

Where a child is the age of majority or over, the amount is calculated as if the child were under it, or, if the court considers that inappropriate, an amount having regard to the child's condition, means, needs and circumstances and each spouse's ability to contribute.

06

And Ontario sets its own eligibility for a child

FLA s. 31(1), (2)

Every parent must support an unmarried child who is a minor, is enrolled in a full time programme of education, or is unable by reason of illness, disability or other cause to withdraw from parental charge. The obligation does not extend to a child of sixteen or over who has withdrawn from parental control.

Before the meeting

What to bring to the first meeting

6 things to bring

Bring what you have and say what is missing. A meeting with the papers in front of it settles in one sitting what two telephone calls will not.

  • ✓Notices of assessment for both parents, for the last three years
  • ✓Pay slips, or financial statements if either of you is self employed
  • ✓The children's dates of birth, and where each of them lives
  • ✓The actual parenting schedule, including holidays, over a full year
  • ✓Receipts for child care, medical costs, activities and any tuition
  • ✓Any agreement or order already in place, and what is actually being paid

Our approach

A clear path forward

The same four steps on every matter, whether it is a refusal at the Federal Court or a ticket at the Provincial Offences court.

Book a consultation
01

Understand

We take the full history and read the documents before offering an opinion. Most bad advice comes from acting on half the facts.

02

Assess

You get a candid read on strength, timeline and cost, including when the honest answer is that you do not need to hire anyone.

03

Act

We prepare the application, the defence or the appeal properly the first time, because fixing a weak record later is harder and dearer.

04

Report

You hear from us at each stage, and you hear what a wait actually means rather than a date chosen to sound better.

Reported decisions

What has this work produced?

7 allowed of 22 reported since 2023

Public judgments of the Federal Court with Kapil Rathod as counsel of record, each checkable by citation on the court's own site. The rest were dismissed and are listed with these ones.

All case outcomes, including the client accounts

Where to go next

Child support in Ontario is the table amount plus a proportionate share of special expenses, and the real work is establishing income rather than reading the table.

It belongs to the child, so it can be agreed but not bargained away, and it moves with income whether or not anybody updates the paperwork.

Spousal supportSeparation agreementsBook a consultation

Common questions

What do people ask about child support?

8 answered here

Written to be read once and acted on rather than to be rung about. Each answer is complete where the law allows a complete answer.

How does the shared parenting rule work?

Section 9 applies where each spouse exercises not less than 40 per cent of parenting time with a child over the course of a year. Below that line the ordinary table amount applies. At or above it, the court must take three things into account: both parents' table amounts, the increased costs of the shared arrangement, and the conditions, means, needs and other circumstances of each spouse and child.

People often assume section 9 produces a simple set-off, where the higher earner pays the difference between the two table figures. That is the starting point and it is not the answer. The section requires the other two factors to be considered as well, and shared arrangements genuinely do cost more overall because two households are equipped for the children rather than one.

The threshold is counted over a year, not a fortnight, and it is about parenting time rather than about what a document calls the arrangement. Holidays, school breaks and the actual pattern all count, which is why these disputes turn into a calendar exercise.

It is worth saying plainly that arranging a schedule to cross 40 per cent for the sake of the support figure, rather than because it is what the children need, is visible and tends not to work. Courts look at what is actually happening.

Can parents agree their own figure?

They can agree a figure, and it can be recorded in a separation agreement, but it does not have the finality parents expect. Child support belongs to the child. A parent negotiating it is not disposing of their own entitlement.

The consequence shows up in two places. A court asked to grant a divorce has a duty under section 11(1)(b) of the Divorce Act to satisfy itself that reasonable arrangements have been made for the support of any children, having regard to the guidelines, and to stay the divorce until they have. A figure well below the table, with no explanation, is the usual reason a divorce comes back unsigned.

The second is later. An agreed amount that departs from the Guidelines can be revisited, and section 33(11) of the Family Law Act requires a court making a child support order to do so in accordance with the guidelines. Agreements that trade child support against property, or against a spouse giving something up, are the ones most likely to be reopened.

None of that means agreement is pointless. Most families settle support without a court, and an agreement built on proper income disclosure and the table figure is stable. It is the figure plucked out of the air that does not hold.

What happens when circumstances change?

The obligation moves with income, and it does not adjust itself. A payor whose income has risen owes more from the point the income rose, and a payor whose income has fallen does not get relief until the amount is varied by agreement or by order.

That asymmetry catches people in both directions. A parent who lost work and simply started paying less has been accruing arrears, and the arrears are enforceable. A parent receiving support who never asked for updated income disclosure may be owed a good deal that they will have to go back for.

The practical answer is an annual exchange of income information written into the agreement. Notices of assessment each year, adjusting the figure to the table, is cheap and it prevents the retroactive claims that otherwise arrive years later with interest.

For an adult child, section 3(2) of the Guidelines and section 31 of the Family Law Act both matter. A child enrolled in a full time programme of education remains entitled in Ontario, and the amount for a child at or over the age of majority can be calculated as if they were under it or set differently where that would be inappropriate. Support does not automatically stop at eighteen.

How is the amount worked out?

Under section 3(1) of the Federal Child Support Guidelines it is the applicable table amount, set by the payor's income and the number of children under the age of majority, plus any amount determined under section 7 for special or extraordinary expenses. The table is the province where the payor habitually resides.

What counts as a special expense?

Section 7(1) lists six categories: child care arising from the other parent's employment, illness, disability or education; the child's share of medical and dental premiums; health expenses exceeding insurance reimbursement by at least $100 a year; extraordinary primary or secondary school expenses; post-secondary education; and extraordinary extracurricular activities. They are shared in proportion to income.

We share the children equally. Does anyone pay?

Usually yes. Section 9 applies where each parent has at least 40 per cent of parenting time over a year, and it requires the court to consider both table amounts, the increased costs of the shared arrangement, and each party's circumstances. It is not automatically a straight set-off, and it is rarely nil.

Does support stop when my child turns 18?

Not necessarily. In Ontario section 31(1) of the Family Law Act extends the obligation to an unmarried child who is enrolled in a full time programme of education, or who cannot withdraw from parental charge because of illness or disability. Section 3(2) of the Guidelines sets how the amount is calculated once a child reaches the age of majority.

Can we agree to no child support at all?

You can write it down, but it may not hold. Child support is the child's right, a court granting a divorce must satisfy itself that reasonable arrangements have been made having regard to the guidelines, and section 33(11) of the Family Law Act requires child support orders to follow the guidelines. Agreements trading support against property are the most likely to be reopened.

Speak to someone this week

Bring three years of notices of assessment and the real parenting schedule. Child support in Ontario follows from those two things.

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