Child Support
Child support Ontario is a legal duty that parents cannot simply agree to waive, because the law says parents must financially support their dependent children. After separation or divorce, the paying parent’s income is the main factor in how much will be paid. Under Ontario family law, a child has the right to financial support from both parents, regardless of the nature of the parents’ relationship. If you are no longer in a relationship with your child’s mother or father, you may still have an obligation to pay child support.
FEDERAL CHILD SUPPORT GUIDELINES
The amount of child support to be paid is calculated based on the government’s Child Support guidelines. The Federal Child Support Guidelines apply when parents divorce, and Ontario’s own Child Support Guidelines, which are very similar, apply in other cases. The goals of the Child Support Guidelines are to establish a fair standard of support for children, to make child support amounts more objective so as to reduce conflict between the parents, to ensure similar treatment of parents and children in similar situations, and to make the child support process more efficient by giving parents and courts guidance and encouraging settlements.
Under the Child Support Guidelines, child support is made up of two components:
- The table amount (a basic monthly child support amount that covers food, clothing and school supplies); and
- Special or extraordinary expenses (usually called Section 7 expenses, which cover child care expenses, health care expenses, etc.).
Each province and territory in Canada has its own Child Support Table, and the federal tables were last updated on October 1, 2025. The base amount to be paid is determined by the paying parent’s income as well as the number of children to be supported. This amount is intended to help pay for the child’s basic day-to-day necessities, such as food, clothing, and shelter. The Guidelines take into account that the person with whom the child primarily resides will have to incur daily living expenses. Therefore, the parent who does not have the child living with him or her most of the time will generally be the parent paying child support to help defray these costs.
What if both parents have the child for an equal amount of time? Where each parent has the child at least 40 per cent of the time (shared parenting time), child support may be different from the table amount. The usual starting point is to calculate the Guideline amount of support for each parent, with the parent who earns more money paying the difference to the other parent, but the increased costs of the shared arrangement and each family’s circumstances are also considered. The rationale behind this is to maintain a somewhat equal standard of living for the child in both homes.
Expenses for which child support may be payable over and above the basic Table amount may be considered special or extraordinary expenses (section 7 expenses) if they are reasonable and necessary for the child’s best interests. These include things like extra-curricular activities, braces, medical expenses, daycare, tutoring, and post-secondary education. The general rule is that these expenses are shared between the parents in proportion to their incomes. However, parents may decide on any arrangement that they consider equitable.
Child Support Agreements
Parents can negotiate and settle the child support amount themselves based on the Child Support Guidelines. It is advisable that the parents agree on child support, keeping in mind their child’s best interests. If the parents are unable to reach an agreement, the court can be asked to decide.
The child support agreement can be drafted to address foreseeable changes in the children’s needs and circumstances in the future. A written agreement can be filed with the court, and the Family Responsibility Office (FRO) can then enforce the support payments. Child support orders are not final and can be changed when circumstances change, such as a change in income. Child support must be paid as long as the child is a dependant, which usually means until the child turns 18 and sometimes longer, for example while the child is in school full time.
How Our Family Lawyers Can Help You
If you need assistance determining whether you should be receiving child support for your child or collecting your support from the other parent, or if you believe that you should no longer be paying child support, Law Wise family lawyers are here to help. Our goal is always to resolve your Child Support issue in a cooperative and informal manner. However, where informal negotiations do not work, our lawyers will employ their litigation experience to advance your interests through the court process.
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Law Wise family lawyers in Mississauga will represent you effectively in Child & Spousal Support disputes.