What if we never got a court order for child support — is there still an obligation?

A legal obligation to pay child support exists independently of any court order. Under Ontario's Children's Law Reform Act, every parent has a legal duty to provide support for their children based on their ability to do so. The Divorce Act imposes the same obligation on separating spouses. The absence of a court order does not eliminate the duty — it just means enforcement is harder and the amount has not been formally determined.

Without an order, the recipient parent has to either negotiate a private agreement or apply to court to have an amount established. A private written agreement can be filed with the court for enforcement by the FRO, which provides the same enforcement protections as an order. If there has never been a formal agreement or order, the recipient can still apply retroactively — courts can award support going back to when the obligation arose, though long delays and lack of notice to the payor may affect how far back they will go.

Relying on informal arrangements (cash payments, goods, or vague "I help when I can" contributions) leaves the recipient with poor protection if the payor stops contributing. It also makes it harder to document what was paid if the matter ever goes to court. Getting a formal order or registered agreement in place as soon as possible protects both parties.