Child Support in Ontario
Under Ontario and Canadian law, parents are expected to support their children in line with their incomes and the Child Support Guidelines
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Table of Contents
Who Pays, How It’s Calculated, and What Parents Need to Know
One of the most common issues I see in family law is child support.
Under Ontario and Canadian law, child support is the child’s right, not the parents’ right. Parents are expected to support their children in line with their incomes and the Child Support Guidelines.
In this article I will try to briefly go over the following topics:
- Who can get child support
- How the guideline “Table amount” for child support is calculated
- What happens in shared or split parenting
- What are special or extraordinary expenses
- Child support for adult children in school
- Retroactive support, changes over time, and enforcement
What Are the Child Support Guidelines?
Across Canada, we use Child Support Guidelines to standardize support. There are both Federal and Provincial Guidelines. However, in practice they use the same tables.
The goals of the guidelines are to:
- Set a fair standard of support,
- Make calculations more objective,
- Reduce conflict and encourage settlement, and
- Ensure consistency for families in similar circumstances.
The Tables set out the basic monthly amount of support based on:
- The payor parent’s gross annual income (before tax),
- The number of children, and
- The province where the payor lives — Ontario has its own table.
As of October 1, 2025, the Federal Child Support Tables were updated to reflect newer tax rules, and the online lookup tool was updated as well.
Who Can Ask for Child Support?
Married and unmarried parents
If you’re married and divorcing:
- Child support claims are usually brought under the Divorce Act, using the Federal Child Support Guidelines.
If you’re not divorcing (or never married):
- Child support is claimed under Ontario’s Family Law Act, using the Ontario Guidelines (which mirror the federal ones).
In both cases, the amount is calculated using the same Tables.
Who can apply ?
Under Ontario law, a claim for child support can be brought by either:
- A parent,
- A dependent child, in some cases, or
- Certain government agencies (for example, if the child is on social assistance).
- Who Counts as a “Child” for Child Support?
This is often misunderstood.
Broadly, a “child of the marriage” (under the Divorce Act) or a “child” under the Family Law Act is:
- A child under 18 who has not withdrawn from parental care; or
- A child over 18 who cannot support themselves because of:
- Full-time school,
- Illness or disability, or
- Other valid reasons.
Courts in Ontario have held that the obligation to support can continue through post-secondary education, typically at least until a first degree is completed, and sometimes beyond depending on the facts (finances, performance, family expectations, etc.).
Step-parents and “in loco parentis”
Child support isn’t limited to biological parents.
A step-parent or other person may have support obligations if they have acted like a parent. This is what lawyers call standing “in the place of a parent” or having a settled intention to treat the child as part of their family (for example, long-term parenting, financial support, and presenting the child as their own).
Once that parent-like relationship is established, you can’t simply “opt out” by ending the relationship with the child.
How Is Basic Child Support Calculated ?
The “Table amount”
If the child lives mostly with one parent (more than 60% of the time in that household), the other parent usually pays the full Table amount of child support.
So here are the steps that should be followed:
- Determine which Guidelines apply (federal vs Ontario — practically the same).
- Identify the payor parent (the one with less than 40% parenting time, usually).
- Determine the payor’s guideline income (gross income, adjusted under the Guidelines).
- Look up the monthly amount in the Ontario Table based on:
- Payor’s income
- Number of children
This “Table amount” is presumed to be correct unless there is a specific legal reason to deviate, which is rare.
What does basic child support cover?
The Table amount is designed to cover ordinary, day-to-day expenses of raising a child in that household — food, clothing, basic shelter, utilities, normal school costs, etc.
Costs that go above and beyond that (like daycare, high sports fees, certain medical costs) are usually dealt with as special or extraordinary expenses (see section 6).
Shared, Split, and 50/50 Parenting — how does this work?
Clients often think:
“If we have 50/50 parenting time, nobody pays child support, right?”
Not necessarily.
Shared parenting time cases (around 50/50)
What is shared parenting? If a child spends at least 40% of the time with each parent (so between 40–60% with each), this is called “shared parenting” under the Guidelines.
In shared parenting:
- We do not automatically go to $0, and
- We do not automatically just “set off” the two Table amounts.
Instead, courts follow a 3-part analysis under section 9 of the Guidelines, as interpreted by the Supreme Court of Canada in Contino v. Leonelli-Contino:
- First we calculate what each parent would pay the other using the Table (a “set-off” reference point).
- Then we consider the increased costs of shared parenting (two bedrooms, two sets of winter gear, more transportation, etc.).
- Finally, we look at the means, needs, and circumstances of each parent and child — including avoiding big gaps in the children’s standard of living between homes.
The result is still often some amount payable by the higher-income parent to the lower-income one, even in 50/50 time.
Split parenting time cases
If you have two or more children, and:
- One or more lives primarily with Parent A, and
- One or more lives primarily with Parent B,
This is split parenting. In this case, we usually:
- Calculate what each parent would pay for the children in the other parent’s care, then
- Then we set off the amounts so that the higher amount is reduced by the lower one.
Special or Extraordinary Expenses (Section 7 Expenses)
On top of the basic Table amount, courts can order parents to share special or extraordinary expenses, often called section 7 expenses.
These expenses can include:
- Childcare is needed because a parent is working, ill, or in school
- Certain medical/dental expenses not covered by insurance
- Some educational costs (tutors, private school, special programs)
- Certain extra-curricular activities (rep sports, serious arts training, etc.), if reasonable for the family
The key idea: these are expenses that go beyond what the Table amount is meant to cover.
How are section 7 expenses shared?
Normally, parents share these costs in proportion to their incomes.
Courts will also look at whether the expense is reasonable, given:
- Each parent’s income,
- The child’s needs and talents, and
- The overall number and cost of programs.
Determining the Payor’s “Income” :
The Guidelines don’t simply accept whatever income the payor says they have.
Basic starting point for determining income
We start with Line 15000 (old line 150) of the payor’s tax return, T1 form, (gross income) and then make adjustments under the Guidelines.
For employees, that might be straightforward.
For self-employed people, small business owners, or those with corporations, we may have to dig deeper:
- Financial statements
- Corporate income
- Payments to family members
- Dividends, capital gains, and so on
Courts can add back certain deductions,
- Include corporate income that is being sheltered, and
- Adjust for non-recurring income or big fluctuations over several years.
Imputing income
If a parent:
- Intentionally under-earns,
- Diverts income into a corporation or family members,
- Fails to provide proper disclosure, or
- Has money or assets they aren’t reasonably using,
a court can “impute” income — meaning, assign a higher income than what is reported and base support on that.
In plain terms: you can’t avoid child support just by choosing to earn less or be vague on paperwork.
Incomes of over $150,000
Where a payor’s income is over $150,000, courts technically have discretion to depart from the Table amount if it would be inappropriate, but this is not done lightly. In most cases income should go significantly above this number.
High income often means higher support, consistent with the child enjoying the benefit of the payor’s means.
Support for Children Over 18 and Post-Secondary Support
Yes, child support doesn’t always end at 18.
If a child is over 18 but still dependent — often because they’re in full-time post-secondary education or have a disability — support can continue, sometimes in a different form:
Courts may:
- Continue a Table amount, and/or
- Order parents (and sometimes the child) to contribute to post-secondary expenses (tuition, books, housing).
Judges look at factors like:
- The child’s program and performance,
- The parents’ financial ability,
- Whether the child can reasonably work part-time or access loans and grants,
- The family’s education expectations (e.g., is post-secondary normal in this family).
Can We Pay Less Than the Guidelines, or Agree to $0 ?
Parents can make their own agreements about child support (for example, in a separation agreement), but there are important limitations on this.
Courts will look at whether “reasonable arrangements” have been made for the child’s support. If parents try to agree to something significantly below the Guidelines, especially if public money is involved (e.g., OW or ODSP), a court can:
- Ignore the agreement, and
- Order Guideline support anyway.
Under Ontario’s Family Law Act, a court can also disregard child support terms in a domestic contract if the amount is unreasonable in light of the Guidelines.
So, in short, “we agreed to no child support” is not always the end of the story, especially if:
- The amount is far below the Table, and
- The child’s needs are not being met.
Undue Hardship — When the Table Amount Is Too Much
There is a narrow escape hatch called “undue hardship.”
A parent can ask a court to order more or less than the Table amount if paying or receiving that amount would cause undue hardship. Examples might include:
- Very high parenting-time and travel costs for a parent,
- Legal obligations to support other children or family members,
- Heavy debts incurred to support the family or earn a living.
But this is a two-step test:
- Prove a ground of undue hardship, and
- Show that the household claiming hardship has a lower standard of living than the other parent’s household, using a special formula.
It’s not easy to meet the requirements, and the courts apply it cautiously.
Retroactive Child Support and Changing Support Orders
Retroactive child support
Child support is supposed to reflect current income and be adjusted when income changes.
However, if a payor’s income goes up and they don’t update the support they are paying, a court can order retroactive support going back in time, usually to when the recipient:
- First raised the issue of support or an increase in income, and
- Showed some persistence in trying to correct it.
The Supreme Court has said that, in general, retroactive awards are often limited to about 3 years back, unless there is blameworthy conduct by payor (e.g., hiding income).
Courts balance:
- Fairness to the child,
- The payor’s conduct,
- The recipient’s delay (if any), and
- Hardship if a large retroactive amount is ordered.
Varying (changing) an existing order or agreement
If circumstances change — for example:
- A parent’s income significantly rises or falls,
- Parenting time changes,
- The child becomes independent, or
- New children are born,
either parent can apply to vary the child support order.
The general test: a material change in circumstances that, if known at the time of the original order, would likely have led to a different support order.
Duty of Ongoing Financial Disclosure :
Child support isn’t “set and forget.”
Under both the Federal and Ontario Guidelines, parents generally have a duty to exchange updated income information every year upon written request (tax returns, Notices of Assessment, etc.).
Under the provincial rules:
- If child support is based on income, and
- The agreement is from 2010 or later,
There is often an automatic annual disclosure requirement, unless waived in the agreement.
A clause trying to eliminate mandatory disclosure under the Guidelines is usually not enforceable.
Online Child Support Service and Recalculation :
Ontario has an online Child Support Service that can:
- Set up child support (in some cases) without going to court, and
- Recalculate existing child support based on updated income information.
Key points:
- Both parents must meet certain conditions (for example, basic Table support only, simple situations).
- Each parent usually pays a modest fee to use the service, though fee waivers may be available for low-income parties.
- The service issues a Notice of Calculation or Recalculation, which can be enforced like a court order.
This can be a good option where:
- There is no serious dispute about income or parenting, and
- You want something faster and cheaper than court.
Enforcement: The Family Responsibility Office (FRO)
In Ontario, once you have:
- A court order for child support, or
- A separation agreement that has been filed with the court,
you can register it with the Family Responsibility Office (FRO).
FRO can collect and enforce support by:
- Garnishing wages or bank accounts,
- Seizing tax refunds,
- Suspending driver’s licences and, in serious cases, passports,
- Reporting arrears to credit bureaus.
You and the other parent can choose to withdraw from FRO and pay directly, but if things break down, you can generally re-file.
How I Help Parents With Child Support
Child support looks “formulaic” from the outside, but the details can be tricky:
In my practice, I typically:
- Explain how the Child Support Guidelines apply to your actual numbers,
- Help you understand what is mandatory vs. what can be negotiated,
- Draft or review separation agreements and consent orders,
- Use the appropriate tools (court, online Child Support Service, negotiation, mediation) to set, update, or enforce child support, and
- Make sure child support is aligned with parenting arrangements and, if necessary, spousal support.
Need clarity about child support in Ontario?
Whether you expect to receive support or pay it, I can help you understand how the Child Support Guidelines apply to your situation, what amount is likely in your case, and the best way to set it up or change it fairly and efficiently.
Common Questions
The Tables set out the basic monthly amount of support based on:
The payor parent’s gross annual income (before tax),
The number of children, and
The province where the payor lives.
Not necessarily. In shared parenting:
We do not automatically go to $0, and
We do not automatically just “set off” the two Table amounts.
Instead, courts follow a 3-part analysis… The result is still often some amount payable by the higher-income parent to the lower-income one, even in 50/50 time.
The Table amount is designed to cover ordinary, day-to-day expenses of raising a child in that household — food, clothing, basic shelter, utilities, normal school costs, etc.
Costs that go above and beyond that (like daycare, high sports fees, certain medical costs) are usually dealt with as special or extraordinary expenses.
A “child” under the Family Law Act is:
A child under 18 who has not withdrawn from parental care; or
A child over 18 who cannot support themselves because of: Full-time school, Illness or disability, or Other valid reasons.
Courts in Ontario have held that the obligation to support can continue through post-secondary education, typically at least until a first degree is completed.
Child support isn’t limited to biological parents. A step-parent or other person may have support obligations if they have acted like a parent. This is what lawyers call standing “in the place of a parent” or having a settled intention to treat the child as part of their family. Once that parent-like relationship is established, you can’t simply “opt out” by ending the relationship with the child.
If a parent:
Intentionally under-earns,
Diverts income into a corporation or family members,
Fails to provide proper disclosure, or
Has money or assets they aren’t reasonably using,
a court can “impute” income — meaning, assign a higher income than what is reported and base support on that. In plain terms: you can’t avoid child support just by choosing to earn less or be vague on paperwork.
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