Child support is one of the most important aspects of any divorce or separation involving children. In Ontario, child support is a legal obligation, designed to ensure that children receive the financial care they need from both parents, regardless of custody arrangements.
This guide will help you understand how child support in Ontario works, what your rights and responsibilities are, and how a family lawyer can help you navigate the process with confidence.
What is Child Support?
Child support is the amount of money that one parent pays to the other to contribute to the care and upbringing of their shared child. It is not a payment to the other parent, it’s a legal right of the child to receive support from both parents. This obligation continues even after a separation or divorce.
Who Pays Child Support?
Both parents are financially responsible for their children. The parent who spends less time with the child (typically less than 60% of the time) usually pays child support to the parent with primary care. In shared parenting situations, support is determined based on a comparison of both parents’ incomes, using the Ontario child support guidelines.
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How Does Custody Affect Child Support?
The amount of child support is closely tied to parenting arrangements:
- Sole Custody: The child lives primarily with one parent; the other usually pays child support.
- Shared Custody: The child lives with each parent at least 40% of the time. In this case, the court may consider income differences and expenses before deciding support.
- Split Custody: Each parent has primary care of at least one child. Support is calculated by comparing each parent’s support obligation and offsetting the difference.
What Guidelines Are Used to Calculate Child Support?
Ontario uses the Federal Child Support Guidelines and applies them through the Ontario child support tables. These tables determine the base amount based on:
- The number of children
- The paying parent’s annual income
- The parenting arrangement
Under Ontario child support guidelines, the paying parent must provide updated income disclosure annually, unless both parents agree otherwise. This ensures support payments remain fair and accurate.
What If a Parent’s Income Changes?
A change in income does not automatically adjust child support payments. If both parties agree, they can renegotiate support through a family lawyer or mediator. If there’s no agreement, a Motion to Change can be filed with the court. The new amount will be recalculated under the Ontario child support guidelines.
What If Child Support Is Not Paid?
If a parent stops paying court-ordered child support, the Family Responsibility Office (FRO) in Ontario can step in. The FRO enforces child and spousal support orders by collecting and distributing payments, and has legal authority to take action if payments are missed.
What If a Parent Denies Access to the Child?
Even if one parent is denied parenting time or visitation, the paying parent is still legally obligated to continue child support payments. Access and support are separate legal issues. If access arrangements aren’t being followed, it’s important to speak with your family lawyer to resolve the matter ideally without returning to court.