Child Support for Unmarried Parents Who Lived Together in Ontario

If you and your child's other parent never married, you may wonder whether your child's right to support is any different from the right of a child whose parents were married. It is a common worry, and it often comes up at the same time as questions about the home, property and your own support.

This article explains why marriage is not the deciding factor for child support in Ontario, where living together does and does not matter, and what to think about when you put an arrangement in writing or ask a court for help.

Marriage does not decide child support

Under the Family Law Act, every parent must support their child to the extent they are able.

The child (the dependant) or the dependant's parent may apply for child support. In practice, that usually means the parent who looks after the child day to day can apply on the child's behalf.

How the amount is set

The child support guidelines matter a great deal when a domestic contract deals with child support. Under the Family Law Act, a court may disregard a child support term in a domestic contract that is unreasonable having regard to the child support guidelines.

The detailed tables and income rules are not something to estimate on your own. Each family's income, expenses and parenting arrangements are different, so how the guidelines apply to your numbers depends on your situation, and it is worth confirming with a lawyer.

Where living together does and does not matter

For child support, living together is not required. For other claims between you and the other parent, it can matter a great deal. The table compares the main areas.

Whether a couple actually cohabited can depend on the facts. Living apart does not automatically rule out cohabitation.

Putting an arrangement in writing

Many parents prefer to settle support by agreement rather than go to court. Unmarried people who are cohabiting or intend to cohabit may make a cohabitation agreement, and separated couples who cohabited may make a separation agreement. Keep these points in mind:

• A cohabitation agreement can deal with the education and moral training of children, but it cannot fix decision-making responsibility or parenting time.
• A domestic contract is unenforceable unless it is in writing, signed by the parties and witnessed.
• A court may disregard a child support term that is unreasonable having regard to the child support guidelines.
• A court may also disregard education or parenting terms where that is in the child's best interests.
• A court may set aside a contract if a party failed to disclose significant assets or debts when it was made.

Enforcement and what to do next

There is no limitation period for a proceeding to obtain support under the Family Law Act, or to enforce a support provision in an agreement that could be filed under s. 35 of that Act. How enforcement works in your case depends on whether you have a court order or an agreement and on what the other parent is doing, so it is worth asking a lawyer which steps fit your situation.

If you fear for your own safety or your child's, a court may make a restraining order against a person who is or was cohabiting with you for any period of time, so it is not limited to married spouses.

• Gather recent income information for both parents, if you can.
• Write down your child's living and parenting arrangements.
• Collect any existing agreement or court order.
• Note the dates you lived together and separated.
• Ask a lawyer to calculate support under the Guidelines and explain your options.

Frequently asked questions