How Is Child Support Set When the Payor Is on EI or Disability?

Losing a job, being hurt at work or becoming unable to work can turn your income upside down. If you receive employment insurance (EI), workers' compensation (WSIB), Canada Pension Plan disability or Ontario Disability Support Program (ODSP) benefits, you may wonder what your child support should be.

This article explains how income is generally measured, what you must disclose and how to ask for a change. How a particular benefit is counted can be technical, so a lawyer or accountant can confirm the treatment of your own.

How income is measured for child support

Under the federal Guidelines, annual income is determined using the sources listed under the 'Total income' heading of the T1 General tax form, adjusted under Schedule III. A court may look at income over the last three years if the current year would not be the fairest.

Income that comes from employment insurance, social assistance, a pension, workers' compensation, disability payments or other sources must be disclosed. Disclosure is different from counting. Whether, and how much of, a benefit is added to the income used for the table amount depends on the tax treatment and the Schedule III adjustments. Because that varies by benefit, check your own situation with a lawyer or accountant.

If you are not married and your case is under the Family Law Act, Ontario's own child support guidelines apply. They are meant to mirror the federal ones, but confirm the section numbers with a lawyer.

The table amount and low incomes

The federal child support tables were updated, and Ontario.ca says the new amounts apply to all Ontario child support matters starting October 1, 2025. The 2025 tables begin at $16,000 of income with a $0 basic amount, which raised the low-income starting point from the older $12,000.

What a court does for income below the first table row depends on the circumstances and is worth confirming with a lawyer. If a payor's income is above $150,000, the tables run only to that level and the court may apply the table amount for the first $150,000 and an amount it considers appropriate on the rest.

• Gather your T1 General returns and notices of assessment for the last three years.
• Collect statements for EI, WSIB, CPP disability, ODSP or other benefits.
• Be ready to show the start date and expected end date of each benefit.
• Note any other income, such as investment income or part-time work.

Imputed income: when a court assigns income to you

A court may impute income if a spouse is intentionally under-employed or unemployed. The exceptions are where the child's needs, or the spouse's reasonable educational or health needs, require it. Other grounds include diverted income, property not used to generate income, failing to provide required income information and unreasonable deductions of expenses. The court has discretion to impute the amount it considers appropriate in the circumstances.

The Ontario Court of Appeal has upheld using a payor's prior three-year average income where he had not adequately explained why he left a much more lucrative arrangement. A voluntary income drop must be explained. On the other side, once a payor became unintentionally unemployed, it was not appropriate to impute his former full salary while imputing no income to the recipient, and intentional under-employment does not require proof of an intent to evade support.

Asking to change an existing order

Only a court can change the amount of support. FRO cannot change the amount a payor pays. Missed support is called arrears, and a payor should contact FRO right away and can work out a voluntary arrears payment schedule.

Under the Divorce Act a court may vary, rescind or suspend a support order, but it must be satisfied that a change of circumstances has occurred as provided for in the applicable guidelines. A change that would result in a different child support order is a circumstance that allows variation. A drop in income because of EI, illness or disability may qualify, but the court will want clear evidence.

What to do next

• Keep paying what the order requires until a court changes it.
• Contact FRO right away if you cannot pay in full.
• Collect income and benefit statements and your last three tax returns.
• Explain in writing why your income changed and when it may recover.
• Disclose all income honestly, including benefit payments.
• Talk to a family lawyer, and an accountant if needed, before applying to change your order.

Frequently asked questions