CHILD SUPPORT IN ONTARIO

CHILD SUPPORTchild support - Family Law Lawyer Mississauga, Oakville, Brampton, Toronto IN ONTARIO

In Ontario, Canada, child support is a legal obligation. It’s designed to ensure children receive financial support from their parents, even after a separation or divorce. It’s rooted in the principle that both parents are responsible for their children’s financial well-being. This applies regardless of their relationship status or living arrangements.

If your children do not live with you, you are expected to pay child support to the parent with whom they live.  The amount of this support is based on the payor’s income and the number of children being supported.

When parents are married and are divorcing, child support is established based on the Federal Child Support Guidelines.  For parents who were not married or are married but are not seeking a divorce, child support is based on the Ontario Child Support Guidelines.  Both sets of Guidelines determine exactly the amount of child support payable, once the payor’s income is known.  That amount is referred to as “table support”.

What constitutes the payor’s income is open to much debate, especially for self-employed people.  Income reported on a tax return is not always a fair determination of income for establishing child support obligations.

In addition to "table support," non-custodial parents are expected to contribute to special and extraordinary expenses. These can include costs related to childcare, health care, education, or extracurricular activities.  Both parents share these special expenses in proportion to their incomes.

Payments usually continue until the child turns 1 (Ontario’s age of majority), but they can extend longer if the child is still dependent—say, if they’re in university full-time or have a disability that prevents independence. Courts look at the child’s needs and the parents’ ability to pay in these cases. On the flip side, support can end earlier if the child becomes self-sufficient, like if they get a full-time job and move out.