Child Support Law in Ontario: Which Statutes Apply to Your Case

Child support in Ontario sits under two sets of laws. One is federal and one is provincial. Which one applies to you affects the wording of the rules, the forms you may see and some of the exceptions.

This article explains how to tell which statute fits your situation, who counts as a child under each, and how the amount is generally worked out. It is general information, not advice on your own case.

Which statute applies to you

Where the parents were never married, or are married but separating without divorcing, the provincial rules apply instead of the Divorce Act. In Ontario that means the Family Law Act and O. Reg. 391/97, the Ontario child support guidelines.

If you are married and seeking a divorce, the Divorce Act applies to your child support claim. The federal Child Support Guidelines go with it.

Under the Family Law Act, the duty to support a child applies whether or not the parents were ever married.

Who counts as a child under each law

The two statutes use different wording. The table gives a plain-language comparison.

Whether a child has withdrawn, or an adult student is still dependent, depends on the facts. A lawyer can tell you how the courts have approached your situation.

How the amount is set

A court making a child support order under the Family Law Act must follow the child support guidelines. A court making an order or interim order under the Divorce Act must follow the applicable guidelines.

For a child under the age of majority, the presumptive amount is the table amount for the number of children, plus any special or extraordinary expenses. Post-secondary education expenses are one listed example of those expenses.

If the paying parent lives in Ontario, the table for Ontario is used. The 2025 federal tables took effect on October 1, 2025, and are read by the paying parent's province or territory and the number of children.

• Paying parent's income over $150,000: the court may use the table amount, or the table amount for the first $150,000 plus an amount it sets for the rest if the table amount is inappropriate.
• Shared parenting: a different calculation applies where each parent has at least 40% of parenting time over a year.
• Child at or over the age of majority: the court applies the guidelines as if the child were a minor, unless that is inappropriate, in which case it sets an amount having regard to the child's circumstances and each parent's ability to contribute.
• Divorce Act consent orders: on both spouses' consent, a court may order a different amount if reasonable arrangements have been made for the child's support.

Agreements and when support ends

A separation agreement is unenforceable unless it is in writing, signed by the parties and witnessed. A party may file it with the court clerk, and once filed the support provision can be enforced as if it were a court order.

A court deciding child support may disregard an agreement's child support term if it is unreasonable having regard to the guidelines.

Support does not end automatically when a child turns 18. An order or agreement can set an end date or a terminating event. If it is silent, both parties must agree to end payments, or a judge decides.

What to do next

• Confirm whether you are divorcing, never married, or married and separating without divorcing.
• Gather tax returns, notices of assessment and any existing agreement or order.
• Note the child's age, schooling and living arrangements, and the parenting schedule.
• Check whether you can use the Ontario table or whether income, shared parenting or an adult child changes the approach.
• Speak with a lawyer before signing an agreement or filing a court application.

Frequently asked questions