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The Divorce CentreStage iii · Disclosure

How is support figured out in a divorce?

Child support usually follows the Federal Child Support Guidelines table amount for the payor's income, plus a share of extra expenses. Spousal support has no fixed formula; it turns on need, ability to pay, and the length and nature of the marriage. Both start from full financial disclosure.

Child support starts with the Guidelines table

The Federal Child Support Guidelines set a table amount based on the paying parent's income and the number of children, intended to reflect what that parent would typically spend on the children if the family were together. It is largely formulaic rather than negotiated, which is why disclosure of income is the first and most contested issue in most support discussions.

Where parenting time is closer to shared, or a child's needs go beyond the standard table, the calculation adjusts — check the current Guidelines figures rather than relying on last year's numbers, since federal thresholds are updated periodically.

Section 7 expenses

Beyond the table amount, the Guidelines address special or extraordinary expenses under section 7: child care, medical and dental costs not covered by insurance, and significant extracurricular or education costs are the most common examples. These are generally shared between the parents in proportion to their incomes, on top of the table amount, and require the same receipts and disclosure as any other support figure.

Disagreement here is often less about the principle than about which expenses actually qualify as extraordinary, which is why keeping receipts and agreeing on categories early tends to prevent disputes later.

Spousal support has no fixed formula

Unlike child support, spousal support is not set by a table with the force of law. It depends on the length of the relationship, the roles each of you played, the standard of living during the marriage, and each spouse's ability to become self-sufficient, considered under the Divorce Act's objectives for spousal support orders. The Spousal Support Advisory Guidelines are used informally by many lawyers and judges to suggest a range, but they are not binding.

Whether spousal support is owed at all is often the harder question; the amount and duration, once entitlement is established, is where most of the actual negotiation happens.

Both depend on complete disclosure

Neither calculation means much without accurate income figures, and self-employment, bonuses, or income run through a corporation are the most common places disclosure gets contested. A court can impute income to a parent who is deliberately underemployed or who fails to provide proper disclosure, using a reasonable estimate instead of the figure the parent claims.

Interim support is usually set on preliminary numbers and adjusted once full disclosure is complete, so early figures should be treated as a starting point, not a final answer.

Changing support later

Support terms, whether in an order or an agreement, can be varied where there has been a material change in circumstances since they were set — most commonly a significant change in either party's income, or a change in parenting time that affects the child support calculation. A motion to change, or a fresh agreement, is the usual route; the original divorce or agreement does not need to be reopened entirely.

Support enforcement, once terms are registered with the Family Responsibility Office, does not require either of you to go back to court simply to collect what is owed.

Your steps

Confirm both incomes through disclosureTax returns, pay stubs and, where relevant, corporate statements — before discussing figures.
Calculate the table amount of child supportBased on the payor's income, the number of children, and the parenting time arrangement.
Identify and document section 7 expensesChild care, medical and dental costs, and significant activities, with receipts.
Assess spousal support entitlement separatelyLength of the relationship, roles during it, and each spouse's ability to become self-sufficient.
Put the terms in writing and file for enforcement if you want itSo the Family Responsibility Office can collect if a payment is ever missed.

Who's involved

Your lawyer

Calculates likely support ranges, negotiates or litigates the amount, and pursues a variation if circumstances change.

Financial professional

Determines true income where self-employment, a corporation or unusual compensation makes the Guidelines calculation unclear.

Family Responsibility Office

Collects and pays out support once terms are registered, and pursues arrears if a payment is missed.

Documents you will need

Three years of tax returns and Notices of AssessmentRecent pay stubs or corporate financial statementsReceipts for section 7 expensesBudget or statement of expenses for spousal support

Questions people ask

Is child support always the table amount?

Usually as a starting point, but not always the final figure. Shared parenting time close to equal, undue hardship to a parent, or income over the highest published bracket can all lead to an adjusted amount rather than a strict table calculation.

Is spousal support automatic in every divorce?

No. Entitlement has to be established first, based on need arising from the marriage, compensation for roles taken on during it, or a contractual basis, before an amount and duration are even considered. Many divorces, particularly short marriages with similar incomes, involve no spousal support at all.

What happens if a spouse hides income to reduce support?

A court can impute income based on what a person is capable of earning or is believed to actually be earning, using indirect evidence such as lifestyle or past income, rather than accepting a figure that does not add up. Complete disclosure is the first line of defence against this.

Can support be backdated?

Yes, in some circumstances — a retroactive award can be made covering a period before the support claim was formally made, particularly where a payor concealed income or a recipient reasonably delayed asking. It is decided case by case rather than automatically.

How do we know if a claimed expense qualifies as a section 7 expense?

It generally has to be necessary given the child's best interests and reasonable given the parents' means and the family's spending pattern before separation. Routine costs already reflected in the table amount, like everyday food and clothing, are not section 7 expenses; child care needed for work, and significant activity or medical costs, usually are.

Sources

General information about Ontario law as of 5 September 2026, not legal advice. It does not create a lawyer–client relationship.

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