How Child Support Affects the Amount of Spousal Support in Ontario

If you pay or receive both child support and spousal support, the two are linked. Child support is dealt with first, and what is left shapes the spousal support figure.

This article explains that order of priority, how the guidelines handle it, and what can happen later when the children's needs change.

Child support comes first

When a court is deciding both child support and spousal support under the Divorce Act, it must give child support priority.

A spousal support order is also meant to share the financial consequences of caring for children, among other goals. So the roles each parent played, including who cared for the children, matter to the spousal amount.

How the guidelines build in child support

Under the with-child-support formula, the range is the amount of spousal support that leaves the lower-income recipient with 40% to 46% of the couple's combined Individual Net Disposable Income (INDI). INDI is income after child support, taxes and deductions.

In practice, child support is set first and subtracted, then the spousal range is calculated from what remains. The guidelines are not law, but judges often base decisions on them.

A range of zero is common under this formula because child support comes first. That is not the same as no entitlement; it may simply reflect a current inability to pay.

Duration and changes over time

Under the with-child-support formula, initial orders are indefinite but have outer limits that apply on review or variation. The upper limit is the longer of the length of the marriage or the date the youngest child finishes high school. The lower limit is the longer of half the length of the marriage or the date the youngest child starts full-time school.

If child support priority meant spousal support was not ordered or was reduced, a later reduction or end of that child support counts as a change of circumstances. The recipient can then apply for spousal support or a variation.

A court can vary, rescind or suspend a spousal support order on an application by either former spouse, and must be satisfied that circumstances have changed since the order or last variation.

Tax and enforcement points

• Spousal support under an order or agreement made after April 1997 is taxable to the recipient and deductible by the payer only if the amount is clearly stated and all child support for the current and previous years is fully paid.
• Support paid without a court order or written agreement is not subject to the support-payment tax rules.
• Court-ordered child and spousal support is automatically filed with the Family Responsibility Office.

Because tax treatment depends on the wording of your order or agreement, confirm it with an accountant or lawyer.

What to do next

• Collect both spouses' income information and any existing orders or agreements.
• Ask a lawyer how child support will be set and how the guidelines apply to your numbers.
• If child support is likely to drop or end, ask whether your spousal support was reduced because of it.

Frequently asked questions