Do Parents Who Never Married Have to Pay Child Support in Ontario?
Yes. 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 they are capable of paying, whether or not the parents were ever married. Where 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, which can be made by the dependant or the dependant's parent. To start a claim, the parent setting up support files Form 8 (Application (General)), and the responding parent files Form 10. A Form 8 application must be specially served by someone other than the party. A respondent served in Canada or the United States has 30 calendar days to answer, and a respondent served elsewhere has 60 calendar days.
Parents can also set up support online through the Child Support Service for a non-refundable $80 fee, though it is unavailable in some situations, such as when a parent or child lives outside Ontario or the payor is self-employed. A lawyer can help you choose the right route.
Key takeaways
- Every parent must support an unmarried child who is a minor, in full-time education or unable to withdraw from parental charge, whether or not the parents were ever married.
- For never-married parents, the Family Law Act and O. Reg. 391/97 apply rather than the Divorce Act.
- A claim starts with a Form 8 application, and the responding parent files Form 10.
- A respondent served in Canada or the United States has 30 calendar days to answer, and one served elsewhere has 60.