Can I Get Child Support in Ontario If We Were Never Married?

Yes. In Ontario, every parent must support an unmarried child who is a minor, is in full-time education, or cannot withdraw from parental charge because of illness, disability or other cause, to the extent the parent is capable of paying, and this applies whether or not the parents were ever married. Justice Canada says children have a legal right to support from both parents.

Where the parents were never married, the provincial guidelines apply, in Ontario the Family Law Act and O. Reg. 391/97, rather than the Divorce Act. A court may order a person to support their dependants on application by the dependant or the dependant's parent, and must follow the child support guidelines.

To start in court, the parent setting up support files Form 8 (Application (General)), and the responding parent files Form 10. A claim for support also requires a financial statement. Parents can also set up support online through the Child Support Service for an $80 non-refundable fee, though it is unavailable in some situations, such as shared parenting or a payor who is self-employed. A lawyer can help you choose a route.