Experienced Child Support Lawyers Serving Toronto & the GTA

Frequently Asked Questions about Child Support in Ontario

Child support payments are essentially determined based on formulas as specified by the Child Support Guidelines. The quantum of support is based on the payor’s income, the number of children and the province in which the payor resides. If a payor is self-employed or does not declare all of his/her income, it may be more difficult to determine the payor’s income and the corresponding quantum of support. It is important to have an experienced Family law lawyer to investigate the payor’s circumstances and ensure that proper child support is being paid.

In the event that there are issues with respect to determination of child support (either as a payor or a recipient) or it is necessary to vary the quantum of child support (due to a change in your circumstances or you are responding to a motion to vary the quantum of ongoing support) , our experienced lawyers can also assist and protect you.

Do I have to pay child support?

The law considers “child support” to be for the benefit of the Child. Child support is paid to the primary caregiver of the Child from the other parent. The amount of Child support is based on the payor’s income; the recipient’s income is irrelevant. The recipient’s income is only considered in some circumstances (eg.. undue hardship, shared or split custody, special or extraordinary expenses for the Child).

Although some parties express concern that their support payments will not be spent on the Child, it is very difficult to convince a court that you should not pay child support or that the support should be paid directly to the Child. The law assumes that the recipient of child support will use the monies received for the benefit of the Child. Child support is not tax deductible to the support payor or taxable to the support recipient.

How is the amount of child support determined?

Throughout Canada, if you were married, the Federal Child Support Guidelines are used to determine how much child support is owed to the recipient. These Guidelines contain a formula for the determination of child support based on the income of the support payor and the number of children from the relationship. Under very limited circumstances (i.e., “undue hardship”) can the amount of support be different from that provided under the Federal Child Support Guidelines.

A support payor’s income is relatively easy to determine when the payor is not self-employed. The payor will receive a T4 which will set out his/her income. The payor’s Income Tax Return would then be examined, and the amount of support would be based on his/her income as set forth in line 150 of his/her Income Tax Return. However, when a support payor is self-employed, his/her income for support purposes may not be the same as the declared income as set forth in his/her Income Tax Return. A self-employed support payor’s income for support purposes may be more difficult to determine than someone who is an “employee.” When a support payor is self-employed, a court may determine that certain personal deductions from the payor’s income or business be added back into the payor’s declared income, and grossed up for tax, in order determine his/her income for child support purposes.

Child support calculators can help with determining the amount of child support owed, but this can be a difficult process that may require the assistance of an expert (i.e., accountant, etc.) when a payor’s income for support purposes is difficult to determine. An experienced Toronto family law lawyer can assist you in determining your child support obligation or how much child support you are entitled to for the care of your child.

How is child support in Ontario collected?

Once the Court has made an Order for child support, the Order must be enforced. Fortunately, the Provincial Government in Toronto has created an enforcement agency to collect support payments. The agency is called the Family Responsibility Office (“FRO”). Most often, FRO will collect the payments by way of garnishing of the payor’s wages directly from the source. However, a payor can make arrangements with FRO to pay them directly. All Orders that contain a support clause are forwarded to FRO for enforcement; however, the parties are able to opt out if both parties consent. If at a later date one party decides to have FRO enforce an Order, an administration fee is charged. FRO does not charge support recipients to enforce a child support Order.

If a support payor is self-employed, it may be more difficult to enforce a support Order. Unlike a support payor who is employed, there are no wages to garnish. However, if a self-employed payor does not pay support, FRO has numerous enforcement mechanisms to ensure that he/she complies with the support provisions of an Order including revoking the person’s driver’s licence, passport, etc..

Who Pays Child Support in Joint Custody?

Joint custody is awarded when the judge feels parents can amicably agree on parenting matters. If each parent has the child at least 40% of the time, this is considered shared custody. In order to determine if a parent cares for the Child at least 40% of the time, one must calculate the actual amount of time spent with the child. Even if the payor is able to reach this threshold, a court has to consider various other factors in order to determine if the quantum of support should be reduced.

The Federal Child Support Guidelines are used to determine how much child support should be paid based on the payor’s income and the number of children. The court will consider each parent’s gross income, as well as the costs associated with the joint custody. The judge may also take into consideration whether or not the parent is living with a new spouse or has other dependents. Once the Order for child support has been made by the court, that Order will be enforced.

Do I have to pay any more money to my former spouse for child support, other than the base amount of support as determined by my income and the Federal Child Support Guidelines?

The Child Support Guidelines also provide that in addition to the base amount of child support, a support payor must also pay his/her pro-rata share of the Child’s special or extraordinary expenses. Section seven (7) of the Federal Child Support Guidelines, provides that extraordinary expenses include, but are not limited to, the following:

• health expenses for the child
• orthodontic expenses for the child
• daycare expenses
• extraordinary expenses for primary or secondary school education
• extraordinary expenses for post-secondary education
• extraordinary expenses for extracurricular activities

In order to determine the amount of the extraordinary expenses, the parties must determine the cost of the expense to the recipient (net of tax), after deducting any contribution from the child (the child’s income, inheritance, loans, etc.). In determining the support payor’s proportionate share of the s.7 expenses, you must also determine the support recipient’s income. The extraordinary expense is then shared by the parties in proportion to their respective incomes.

My former spouse, in Toronto, has sole custody and has refused to allow me to visit with my Child. Do I still have to pay child support?

The law considers child support to be the right of the Child. Therefore, it is irrelevant if the support payor is not visiting with his/her child or the support recipient is preventing the same. If you have a child and are earning income, you must pay child support.

I am not the biological father of the Child. Do I still have to pay child support for the Child?

If you have treated the Child as if he/she was your biological child, you will likely have an obligation to pay child support. This is always a question of fact. It may be a good idea to consult an experienced lawyer if you are not the biological father of a child for whom you are being asked to provide support.

Free Consultation with Our Family Lawyers

Our family law attorneys at Fine & Associates will fight for the best resolution of your child support case or other family law matter.

Schedule a Free Consultation with one of our child support lawyers or visit our family law firm in Toronto.

• North Toronto Family Law Office
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Related Information

• How Long Do Parents Have to Pay Child Support
• Breakdown of Child Support Calculations and Modifications
• How to Calculate Child Support Payments in Ontario
• Child Support of Adult Children
• Child Support Slideshare Presentation
• Whether Payor has Obligation to Retain an Expert to Determine Income
• Imputing Income to Determin Chind Support

Helpful Links

• Child Support Guidelines
• Child Support (Ministry of the Attorney General)
• Regulation Child Support Guidelines

Can child support payments be changed after a court order is issued?

Yes. Child support orders can often be changed when there has been a significant change in circumstances. Common examples include job loss, a substantial increase or decrease in income, changes to parenting arrangements, or new financial responsibilities involving other dependents.

Before modifying child support, Ontario courts generally require updated financial disclosure from both parties. It is important to address support changes properly through the legal process rather than relying on informal verbal agreements, which may create future legal complications.

What happens if a parent refuses to provide financial disclosure?

Financial disclosure is a critical part of Ontario family law proceedings involving child support. If a parent refuses to provide accurate financial information, the court may draw negative inferences or impute income based on the available evidence.

This issue often arises in cases involving self-employed individuals, private business owners, or complicated income structures. Courts may examine bank statements, corporate records, lifestyle evidence, and business expenses to determine a fair income amount for child support purposes.

Does shared parenting automatically reduce child support payments?

Not necessarily. Shared parenting arrangements do not automatically eliminate or significantly reduce child support obligations.

Ontario courts consider several factors when determining support in shared parenting situations, including each parent’s income, the child’s financial needs, household expenses, and the overall parenting arrangement. Even where parenting time is shared relatively equally, one parent may still be required to pay support depending on the financial circumstances of the parties.

Can child support include expenses beyond monthly payments?

Yes. In addition to base monthly child support payments, parents may also be required to contribute toward special or extraordinary expenses under Section 7 of the Federal Child Support Guidelines.

These expenses may include:

• Daycare costs
• Medical and dental expenses
• Tutoring and educational support
• Post-secondary education expenses
• Extracurricular activities and sports

Contributions toward Section 7 expenses are typically divided proportionately based on each parent’s income.

How long does child support continue in Ontario?

Child support generally continues until a child reaches the age of majority. However, there are important exceptions under Ontario family law.

Support obligations may continue beyond age 18 if a child is enrolled in full-time post-secondary education, has a disability, or remains financially dependent for other recognized reasons. Courts consider several factors when determining the duration of support, including the child’s educational status, financial needs, and level of independence.

Because every family situation is unique, obtaining legal guidance can help clarify how Ontario child support laws apply to your circumstances.

How is child support calculated in Ontario?

Child support in Ontario is primarily calculated using the Federal Child Support Guidelines. The amount payable is generally based on the paying parent’s income, the number of children involved, and the parenting arrangement.

While the Guidelines provide standard table amounts, additional factors such as shared parenting arrangements, self-employment income, and Section 7 expenses can significantly affect the final calculation. Proper financial disclosure is essential to ensuring that support obligations are accurate and fair.

What happens if child support is not paid?

If child support payments are not made, enforcement action may be taken through Ontario’s Family Responsibility Office (FRO). The FRO has broad enforcement powers that can include garnishing wages, suspending driver’s licences, intercepting tax refunds, and placing liens against property.

Failing to comply with child support obligations can create serious financial and legal consequences. Early legal advice may help resolve enforcement disputes before they escalate further.