Child Support Law in Ontario: Who Must Pay and Who Can Claim

If you are separating, or you have already separated, you probably want to know a simple thing: who has to pay child support, and who is allowed to ask for it? The answer starts with the law that applies to your family, and then with who the child is in law.

This article walks through the basics in plain language. It explains the main rules, the common exceptions and the practical steps for getting an amount set. Your situation may differ, so use this as a map rather than a final answer.

Which law applies to your family

For married spouses who are divorcing, the federal Divorce Act and the Federal Child Support Guidelines apply. Under the Divorce Act, a court may order a spouse to pay support for any or all children of the marriage. The Guidelines aim to set a fair standard of support for children and to reduce conflict between spouses.

If you were never married, or you are married but not asking for a divorce, a different set of rules may apply to you. Exactly which law applies to you, and how, depends on your situation, so it is worth confirming with a lawyer.

Who counts as a child, and who can be ordered to pay

Under the Divorce Act, a child of the marriage is a child of two spouses or former spouses who is under the age of majority and has not withdrawn from their charge. It also includes an adult child who cannot become independent because of illness, disability or another cause. The age of majority is set by the law of the province where the child habitually lives.

The duty to pay is not limited to biological parents. A child of the marriage also includes a child for whom one spouse is the parent and the other stands in the place of a parent. A stepparent's amount is what the court considers appropriate, having regard to the Guidelines and any other parent's legal duty to support the child. It is not automatically the table amount. A person who took on a parental role cannot end the relationship to avoid paying support for stepchildren.

For adult children, the court may apply the Guidelines as if the child were a minor. If it thinks that is inappropriate, it may set an amount it considers appropriate, having regard to the child's condition, means, needs and other circumstances.

How the amount is set

The basic amount is the table amount for the number of children, plus any special or extraordinary expenses. The table amount depends on the paying parent's annual income, the number of children and the province where the paying parent lives. Updated tables took effect on October 1, 2025, and apply to support owed from that date onward.

These are monthly amounts for one child from the 2025 Ontario table, at the start of each income level. Amounts between these levels are slightly higher.

No child support is payable from a payor whose annual income is below $12,000. Above $150,000, the court may order the full table amount. If it considers that inappropriate, it may use the table amount on the first $150,000 plus an amount it considers appropriate for the income above that.

Situations that change the usual answer

• Shared parenting: if each parent has the child at least 40% of the time over a year, there is no automatic formula. The court considers both parents' table amounts, the increased costs of shared parenting and each household's circumstances.
• Split parenting: this applies only when there is more than one child and each parent has a majority of the time with at least one of them. Support is then the difference between the two table amounts.
• Undue hardship: a court may order a different amount if a parent would otherwise suffer undue hardship, but the claim must be denied if that parent's household would have a higher standard of living than the other's.
• Agreements: parents cannot simply contract out of support. With both consents, a court may award a different amount only if satisfied that reasonable arrangements have been made for the child.

Getting support in place: what to do next

In court, Form 8 is used to set up child support, and Form 13 is the financial statement. Ontario's online Child Support Service is another route, with a non-refundable $80 fee each time and a possible fee waiver for low-income households. It is not available in several situations, including shared or split parenting, a payor earning over $150,000 or under $12,000, or a self-employed payor.

Court-ordered support and support set up online are automatically filed with the Family Responsibility Office (FRO). Once FRO has a case, the payor must pay FRO only, not the recipient. If your circumstances change later, a court may vary an order once it is satisfied there has been a change of circumstances.

• Gather your last three years of tax returns and notices of assessment.
• Write down the parenting schedule over a full year.
• List child care, medical and school costs.
• Speak with a lawyer if you are unsure which law applies.

Frequently asked questions