How to Apply for Child Support in Ontario Family Court

Applying for child support can feel like a maze of forms. The basic path is shorter than it looks: you start the case, deliver the papers to the other parent, share your financial information, and the court sets support using set rules.

This article walks through the first application in Ontario, from who can apply to what happens after the papers are served. Your facts may change the steps, so a lawyer can confirm the details for your situation.

Who can apply and what the court looks at

Under the Family Law Act, 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 is capable of paying. This applies whether or not the parents were ever married.

A court may order a person to support their dependants, and the application may be made by the dependant or by the dependant's parent. The court must make a child support order in accordance with the child support guidelines.

There is an exception for older teens under the Family Law Act: the parental duty does not extend to a child who is 16 or older and has withdrawn from parental control. If you are divorcing, the Divorce Act uses a different test. A child of the marriage is a child under the age of majority who has not withdrawn from the parents' charge, and the term also includes an adult child still in their charge who cannot withdraw or obtain the necessaries of life because of illness, disability or other cause. How this applies to an older teen or adult student depends on the facts, so it is worth confirming with a lawyer.

Which law applies to you

If the parents were never married, or are married and separating without divorcing, the provincial rules apply: the Family Law Act and O. Reg. 391/97, rather than the Divorce Act. If you are divorcing, the Divorce Act applies and a court must follow the applicable guidelines. The rules are similar, but the section numbers differ.

The forms and the steps

The parent setting up support files Form 8 (Application (General)), and the responding parent files Form 10. Paying parents also complete Form 13A (Certificate of Financial Disclosure) and Form 13 or 13.1. Forms go by mail or in person to the nearest family court, and the guide advises making three copies of each.

• A claim for support requires a financial statement: Form 13, or Form 13.1 if property is also claimed.
• You must also serve the income information required by section 21(1) of the guidelines.
• For a child support claim, you must also serve proof of any special or extraordinary expenses.

Serving the papers and the response time

A Form 8 application must be specially served by someone other than the party. 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. A respondent served elsewhere has 60 calendar days.

Which court, and the online option

At the Ontario Court of Justice, the clerk gives a first appearance date and there is no fee to file documents. At the Superior Court of Justice, a fee may apply (or a fee waiver), and you must schedule your own case conference. Both parties generally must attend a free Mandatory Information Program (MIP). Fees and scheduling can vary by courthouse.

The online service is not available if either parent or any child lives outside Ontario, or a child is over 17.5 or married. It is also unavailable for split or shared parenting, for orders based on undue hardship or imputed income, and for payors who are self-employed or earn over $150,000 or under $12,000.

What to do next

• Confirm which law applies: Family Law Act or Divorce Act.
• Gather tax returns, notices of assessment and a recent pay statement.
• Collect proof of any special or extraordinary expenses, such as post-secondary education costs, which can be added to the table amount.
• Complete Form 8 and your financial statement, and make copies.
• Arrange for someone other than you to serve the application.
• Speak with a lawyer if there is shared parenting, a high income, self-employment or a move outside Ontario.

Frequently asked questions