What is the difference between child support and spousal support?

Child support and spousal support are two separate legal obligations in Ontario family law, though they can both arise from the same separation.

Child support is an obligation owed to the children — it is primarily governed by the federal Child Support Guidelines, which set amounts based on the payor parent's income and the number of children. Child support is not discretionary: if you are a parent, you owe it. It is calculated on a formula, it is not taxable income for the recipient, and it is not deductible by the payor.

Spousal support is a separate obligation owed between spouses (or qualifying common-law partners). It depends on entitlement — whether the relationship caused economic disadvantage, whether there is financial need, and whether the other party has the ability to pay. Courts have discretion in setting the amount and duration. Unlike child support, periodic spousal support is generally taxable to the recipient and deductible by the payor.

When both child and spousal support are at issue, the law requires that child support be addressed first. Because child support reduces the payor's net income, it affects the spousal support calculation.