Child Support When Each Parent Has a Child: Split Parenting in Ontario

In some families the children live in different homes. One child may live mainly with one parent and another child mainly with the other parent. This is often called split parenting, and it raises a natural question: who pays whom?

This article explains the Ontario rules that frame the answer, how split parenting differs from shared parenting, and what to prepare. The exact way amounts are worked out in a split arrangement depends on the guidelines and on your facts, so a lawyer can confirm the calculation for you.

Split parenting versus shared parenting

These two terms are easy to mix up. Split parenting means each parent mainly cares for different children. Shared parenting is about time: a different calculation applies where each parent exercises at least 40% of parenting time over the course of a year.

The starting rules

Every parent must support an unmarried child who is a minor, is enrolled in a full-time program of education, or cannot withdraw from parental charge because of illness, disability or other cause, to the extent the parent can pay. This applies whether or not the parents were ever married. The duty does not extend to a child who is 16 or older and has withdrawn from parental control.

For children under the age of majority, the presumptive amount is the table amount for the number of children plus any special or extraordinary expenses. The table is the one for the province where the paying parent lives, and for a paying parent in Ontario it is the federal table for Ontario. If the paying parent lives outside Canada, the Ontario table applies if the other parent lives in Ontario, and otherwise the table for the applying parent's province or territory applies.

Never-married parents, and married parents who are separating without divorcing, are under the Family Law Act and O. Reg. 391/97. Divorcing parents are under the Divorce Act. A court must follow the guidelines under either law, although under the Divorce Act, on both spouses' consent, a court may order a different amount if reasonable arrangements have been made for the child's support.

Why both incomes matter

Income is central to child support, and how it is used in a split arrangement depends on your facts, so it is worth confirming with a lawyer. Income for child support starts from the 'Total income' line on the tax return. Where that figure would not be the fairest measure, for example because of irregular bonuses or overtime, the court may look at income over the last three years.

Each parent whose income is in issue must provide every personal income tax return and notice of assessment and reassessment for the three most recent taxation years, and employees must also provide their latest statement of earnings showing year-to-date pay. Self-employed parents must provide further business financial statements for each of the past three years.

A court may also impute income, for example where a parent is intentionally under-employed or unemployed or has failed to provide income information when legally required to. Reasonable under-employment, such as that required by the needs of a child, is not caught by that ground.

Where the case is decided

Ontario's online Child Support Service cannot be used for split or shared parenting, and is also unavailable if the payor is self-employed or earns over $150,000 or under $12,000. These are government policy settings that can change.

In court, the parent setting up support files Form 8 (Application (General)), the responding parent files Form 10, and paying parents also complete Form 13A and Form 13 or 13.1. A Form 8 application must be specially served by someone other than the party, and Ontario's guide allows mail service only together with Form 6 (Acknowledgement of Service). A respondent served in Canada or the United States has 30 calendar days to answer.

If you agree on a result, a written, signed and witnessed separation agreement is needed for it to be enforceable. A court can disregard an agreed child support provision if it is unreasonable having regard to the guidelines.

What to do next

• Write down where each child lives and how much time each child spends with each parent over a year.
• Gather three years of tax returns and notices of assessment for both parents.
• List any special or extraordinary expenses for each child and keep the receipts.
• Check whether any court order or agreement already addresses support.
• Ask a lawyer to confirm how the guidelines apply to your split arrangement before you agree to a number.

Frequently asked questions