How does child support work in Ontario?

First of all, let’s determine the general term. For the purpose of child support, a child is someone who:

• Is a minor (below the age of 18) or is a major but under parents’ charge, unable to withdraw from it due to illness, disability or other causes;
• Is treated like a child that is a part of the family by the parents;
• Has not withdrawn from the charge of such parents;

Any person who is qualified under these requirements, is a ‘child’ entitled to child support from his/her parents. This is the situation in which you might need to ask for the help of a family lawyer. 

When is child support in Ontario payable?

There are two cases in which child support is payable. The first case is when a divorce proceeding has been initiated between the parties, and the second case is, when the parties are merely separating (without any divorce proceedings).

Who gets child support in Ontario?

In ordinary circumstances, the child support is paid to the parent who is the primary caretaker of the child(ren).

Who pays child support in Ontario?

When the parents separate, the child(ren) have primary residence with one of the parents, while there may be arrangements/agreements as to parenting time and decision making responsibility between the parents. The parent giving primary care to the child, is the one who bears all the costs of the care of the child(ren) in question. Ordinarily, the other parent is responsible to pay child support.

Biological parents

The biological parents are legally bound to pay child support for their children. The main requirement for this obligation is that the parent is actually the biological parent of the child(ren) in question. Therefore, in order to contest to this obligation, the parentage of the child can be brought into question.

Adoptive/step-parents

Adoptive/step-parents are not biologically related to the child(ren) in question. Due to this, they are not legally obligated to pay child support. However, if they have showcased a settled intention to accept the child(ren) as a part of his/her family, they are bound to pay child support, unless by an arrangement, the child has been put in a foster home for valuable consideration by a lawful custodian.

How is child support in Ontario calculated?

Table Amount

Child support is calculated as per the Child Support Guidelines and the Child Support Table. The amount in the Table is set out in a manner that takes into consideration both, the gross annual income of the payor and, the number of children involved in the issue. This table lays out the basic/minimum child support that is payable by the payee.

Section 7

Furthermore, there are various other, extra expenses involved, that may be divided between the parties in addition to the standard table amount. Section 7 of the Child Support guidelines lays out such “special or extraordinary expenses”, may include expenses regarding the child(ren)’s health care, post-secondary education and extracurricular activities.

The Final amount is calculated by adding both, the standard table amount, with the specific section 7 amount.