Does a New Spouse's Income Count for Child Support in Ontario?

A new spouse's income is not the starting point for child support. The table is read by finding the income closest to the paying parent's income, and income starts from 'Total income' on the tax return. A new partner's finances can still matter indirectly, for example in a hardship claim, and how much depends on the facts.

A court may award a different amount if the payor, or a child, would otherwise suffer undue hardship. Listed circumstances include a parent's legal duty to support another child, for example a child in a new family. Even if hardship is shown, the court must deny the claim if the household of the parent claiming hardship would, after the reduction, have a higher standard of living than the other household.

Special or extraordinary expenses under section 7 are added to the table amount. A court can also impute income to a parent in situations such as intentional under-employment or failure to provide income information when legally required. Whether a new spouse's income affects your case depends on the facts, so it is worth confirming with a lawyer.