Child Support When Unmarried Parents Separate in Ontario

You and the other parent never married, and now you are separating. You may have heard that "common-law" couples have fewer rights, and you are wondering whether that affects your child.

For child support, it does not. This article explains the rule, how unmarried status still matters for other issues, and how agreements about children are treated in Ontario.

Child support does not depend on marriage

Under the Family Law Act, every parent must support their child to the extent they are able, whether or not the parents were ever married. The duty belongs to the parent, not to the relationship.

That means the length of time you lived together, whether you shared a home, and whether you ever had a wedding are not what decides whether child support is owed. The child's right to support does not shrink because the parents were unmarried.

How much is owed, and for how long, depends on the circumstances. A lawyer can explain how the child support guidelines apply to your income and your parenting arrangement.

Where marital status still matters

Parents often assume that if child support is the same for everyone, so is everything else. It is not. The table below compares a few common questions.

Notice that unmarried parents are treated as spouses for support purposes, however long they lived together, if they cohabited in a relationship of some permanence and are the parents of a child. Every spouse, including a common-law spouse in this sense, must support themselves and the other spouse according to need, to the extent they are able.

Parenting arrangements and agreements

Unmarried parents can make a cohabitation agreement about their rights and obligations, including property and support. To be enforceable it must be in writing, signed by the parties and witnessed.

There are limits when it comes to children. A cohabitation agreement may deal with the right to direct the children's education and moral training, but it cannot deal with decision-making responsibility or parenting time.

Even where an agreement does address children, a court is not bound by it in every respect:

• On education, moral training, decision-making responsibility or parenting time, the court may disregard a provision of a domestic contract if doing so is in the child's best interests.
• On child support, the court may disregard a provision if it is unreasonable having regard to the child support guidelines and any other child support provision in the contract.

In practice, this means you cannot fully lock in child-related terms in advance by signing a contract. Children's needs can change, and the court keeps the final say.

Other practical effects of separating

Separation can change how government programs see your household. For federal tax purposes, the CRA says the separation must last at least 90 days, and the separated status then takes effect from the day the partners started living apart. CRA says to wait at least 90 days before reporting a separation.

You must tell the CRA about a new marital status by the end of the month after the change. You can do this through the CRA's digital services or on Form RC65, Marital Status Change. The CRA will then recalculate your benefits and credits.

What to do next

• Write down your child's current living arrangements and the schedule each parent has actually been following.
• Gather income documents for both parents, if you have them.
• Look for any written agreement between you, and check that it was signed and witnessed.
• Keep communication about the children calm and in writing where you can.
• Note the date you started living apart, since it matters for tax and benefits.
• Speak with a lawyer about support and parenting arrangements before you agree to anything permanent.

Frequently asked questions