Family Court Filing Fees in Ontario: What You Pay and When

Before you start or respond to a family case, it helps to know what the court itself will charge. Those fees are separate from anything you pay a lawyer, and they depend mostly on which court your case is in.

This article lists the court fees that generally apply at each stage, including the application, the answer, a motion, getting to trial and divorce. Fee amounts change from time to time, so confirm the current figures with the court office before you file.

Which court you are in changes the fees

The Superior Court of Justice, including its Family Court branch, hears divorce, division of family property, family home claims, and parenting, child support and spousal support. The Ontario Court of Justice hears parenting, support, enforcement of support, adoption and child protection, but not divorce or property claims.

If the orders you want include divorce or property issues, you must start in the Superior Court of Justice. Courts in the Niagara area, for example, include St. Catharines and Welland among the Family Court branch locations. The Superior Court charges filing fees, while the Ontario Court of Justice does not.

Fees in the Superior Court and Family Court branch

The person who starts the case files the application. The person responding files the answer. Both pay at their own step, so who pays what depends on which side you are on.

Motions, trial and divorce: the common questions

Motions. The Ontario fee page lists no separate fee for bringing a motion, and the motion steps page mentions none either. Copies and other items, such as a witness summons, can still carry the fees above.

Trial. There is no separate "trial record" fee listed. The listed fee that applies when a case is set for trial is placing the application on the hearing list, at $445.00.

Divorce. Divorce claims also require a separate $10 fee with the application or answer. If you are filing a divorce-only application, it uses Form 8A with the Continuing Record and the original marriage certificate.

Ontario Court of Justice and online child support

The Ontario Court of Justice charges no filing or listing fees in family proceedings. It charges only for copies ($1.00 uncertified, $3.50 certified per page) and recordings ($22.00 for one day).

Using the Online Child Support Service to set up or update child support costs a non-refundable $80 each time. A fee waiver may be available for it.

Reducing the cost: fee waivers

A court fee waiver applies to most fees in your court proceeding from that point forward, and it also exempts you from family appeal fees. You can qualify if your household income comes mainly from a benefit such as Ontario Works or ODSP, or if your gross annual household income is under the following amounts, and you also have liquid assets under $2,800 and net worth under $11,100.

To apply, use form FW-A-3 if you think you meet the financial requirements, or FW-A 4 if you do not. Swear or affirm it (free at the court office) and submit it online, by mail or in person. Applying is free and a separate waiver is needed for each case. It does not cover fees already paid or costs ordered against you.

What to do next

• Decide which court your issues belong in: divorce or property means the Superior Court.
• Add up the fees for your side of the case: application or answer, divorce fee if any, and later the hearing list fee.
• Check whether you meet the fee waiver limits before you pay anything, because a waiver does not cover fees already paid.
• Call or visit the court office to confirm current amounts and accepted payment methods.
• Ask a lawyer about lawyer fees and likely costs orders, which are separate from court fees.

Family Law Information Centres at courthouses are a free source of information on court processes, though they do not give legal advice.

Frequently asked questions