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Understanding Child Support Rights & Obligations
Child support is a legal responsibility of parents. Separation or divorce does not end a parent's obligation to contribute financially to the care and well-being of their children.
In Ontario, child support is generally determined using the Child Support Guidelines, which provide rules and tables for calculating support. However, determining the appropriate amount can become more complicated when parents have shared parenting arrangements, different or changing incomes, self-employment or corporate income, special or extraordinary expenses, post-secondary education costs, or other circumstances that require a more detailed analysis.
At Sherman Law LLP, our family lawyers help parents understand their child support rights and obligations, negotiate appropriate arrangements, address changes in circumstances, and resolve child support disputes through counsel-assisted negotiation, family mediation, collaborative divorce, or court proceedings, when necessary.
If you are unsure whether the child support being paid or received is appropriate, our experienced Kitchener-Waterloo family lawyers can review your circumstances and explain your options.
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For more than 40 years, Sherman Law LLP has helped clients navigate complex family law issues with an emphasis on professional and personalized service.
Our Kitchener-Waterloo family lawyers assist parents with child support matters involving:
We assist clients in Kitchener, Waterloo, Cambridge, and across Ontario to resolve child support matters. Our goal is to help you understand your legal position, identify practical options and pursue resolution that protects your interests and the best interests of your children.
The Ontario Child Support Guidelines are regulations made under Ontario's Family Law Act. The Federal Child Support Guidelines may apply in cases governed by the Divorce Act.
The Guidelines establish rules for determining child support and include tables that provide presumptive amounts based on factors such as income and the
number of children.
The Ontario Child Support Guidelines address matters including:
The applicable legislation should be reviewed carefully because the calculation is not always as simple as entering an income into a table.
How is Child Support Calculated in Ontario?
The starting point for determining child support is generally the applicable Child Support Guidelines.
The calculation can depend on several factors, including:
The Child Support Guidelines provide table amounts of child support, but the table amount is not necessarily the end of the analysis. For example, shared parenting arrangements, high incomes, undue hardship claims, special expenses and other circumstances may require a more detailed assessment.
Every family is different. The appropriate child support amount depends on the facts of the particular case. |
In addition to basic or table child support, parents may have obligations relating to special or extraordinary expenses, commonly referred to as Section 7 expenses.
Whether a particular expense qualifies depends on the applicable legal test and the circumstances.
The Child Support Guidelines provide that Section 7 expenses are generally shared by the parents in proportion to their respective incomes, after taking into account any contribution by the child. Subsidies, benefits and applicable tax deductions or credits may also need to be considered.
Ontario's Child Support Guidelines identify categories that can include certain:
Whether a particular expense qualifies depends on the applicable legal test and the circumstances.
How Does Parenting Time Affect Child Support?
Parenting arrangements can affect child support in several ways:
If you share parenting time for your children, our experienced family lawyers can help you understand how the parenting arrangements may affect child support and related expenses.
DISCUSS YOUR PARENTING AND CHILD SUPPORT SITUATION
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Child Support Frequently Asked Questions
How much child support will I have to pay in Ontario? The amount of child support depends on the applicable Child Support Guidelines and the circumstances of your family. Income, the number of children, parenting arrangements and Section 7 expenses can all be relevant when calculating child support.
Does 50/50 parenting mean there is no child support? No. Equal or substantially shared parenting time does not automatically eliminate child support. The applicable Child Support Guidelines and the circumstances of both parents must be considered.
Does the recipient parent's income affect basic child support? The treatment of each parent's income depends on the particular child support issue being considered. For ordinary table child support, the payor's income is generally the starting point, while both parents' financial circumstances may be relevant to other issues, including certain special or extraordinary expenses.
What are Section 7 expenses? Section 7 expenses are special or extraordinary expenses that may be payable in addition to basic child support. Examples may include certain childcare, health, education, extracurricular and post-secondary expenses.
Do parents split Section 7 expenses 50/50? Not necessarily. The Child Support Guidelines generally contemplate sharing qualifying expenses in proportion to the parents' respective incomes, after considering applicable contributions, subsidies, benefits and tax consequences. A change in income may justify a review or change/variation of child support, depending on the circumstances and the existing agreement or order.
What if the other parent refuses to provide financial information? Financial disclosure is an important part of determining the appropriate amount of child support. Our experienced family lawyers can advise you about what information may be required and what remedies may be available if financial disclosure is incomplete.
Does child support automatically end when a child turns 18? Not necessarily. Entitlement to child support can continue beyond the age of majority in many circumstances, including assistance for post-secondary education, disability, if the child remains a "dependent" in need of support as defined by the Family Law Act, or a "child of the marriage" as defined by the Divorce Act.
Can I stop paying child support if my child moves in with me? A change in living arrangements does not automatically change an existing child support obligation. You should obtain legal advice about whether the existing agreement or order needs to be changed.
Can child support be ordered retroactively? Retroactive child support can arise in appropriate circumstances. Whether an order for retroactive child support is appropriate and how far back it may extend depends on the facts and applicable law.
What happens if child support is not paid? Depending on the circumstances, an existing support order or agreement for child support may be enforceable through the Family Responsibility Office and other legal mechanisms.
Should I use an online child support calculator? An online calculator may be useful for obtaining a preliminary estimate for table child support, but it should not be treated as legal advice. Complex income, parenting arrangements, Section 7 expenses and other circumstances can affect the final analysis for child support. It is always best to contact one of our experienced family lawyers to discuss and review your child support calculations.
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Child support matters have significant financial consequences for both parents and children. Whether you are seeking child support, currently paying support, dealing with a change in income, disputing Section 7 expenses, concerned about arrears, or trying to resolve a disagreement about an existing order, obtaining legal advice early can help you understand your options.
Depending on the circumstances, child support disputes may be resolved through counsel-assisted negotiation, family mediation, collaborative divorce, or court proceedings, if necessary. The appropriate approach depends on the nature of the dispute, the relationship between the parents, the urgency of the situation, and whether an agreement can be reached outside of court.
At Sherman Law LLP, our approach is focused on resolving family disputes efficiently and appropriately while being prepared to advocate for our clients when litigation is necessary. For over 40 years, clients have trusted in our ability to help resolve complicated child support matters. We are confident that you will appreciate our professionalism and personalized service. If you would like to discuss your child support matter with an experienced lawyer, please give us a call at 519-884-0034 or send us an email.
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