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Family Law · Ontario

Child support, calculated properly.

Child support is the child's right, not the parent's. That single principle explains most of what follows — including why it cannot simply be bargained away.

How it works

Step by step

  1. Establish the payor's income properly
  2. Apply the guideline table amount
  3. Add any shared special expenses
  4. Record it in an agreement or order
  5. Register for enforcement where appropriate

Our family law work starts at $1,693.87, taxes included and published on our pricing page. Disbursements and government fees are extra and billed at cost.

How the amount is set

Child support is calculated under the applicable child support guidelines, which work from the payor's income, the number of children, and the province of residence. Because it follows a table rather than a negotiation, the argument is usually about income, not about the formula.

Determining income is where the real work sits — employment income is straightforward, self-employment and corporate income much less so. Where a payor's stated income does not reflect what is genuinely available to them, income can be imputed.

On top of the table amount, certain expenses may be shared in proportion to income. Child care, medical and dental costs and some educational or extracurricular expenses fall into this category.

It is the child's right

Parents cannot contract out of child support in a way that leaves a child without proper support. An agreement that waives it entirely is vulnerable, and a court reviewing a divorce will want to see that reasonable arrangements have been made.

That is also why child support can be revisited when circumstances change in a way that spousal support terms sometimes cannot. A material change in income, or in the parenting arrangement, reopens the calculation.

Enforcement and which court

Support orders and agreements filed with the court are enforced through the province's Family Responsibility Office rather than by the recipient chasing payment personally.

Support is one of the areas the Ontario Court of Justice can hear, alongside parenting, contact, child protection and adoption. It cannot grant a divorce or divide property — those belong to the Superior Court of Justice. Which courthouse serves you is decided by the county you live in.

Questions

Common questions

Can we agree on a different amount?

You can agree, but the agreement is measured against the child's interests. Terms that leave a child without appropriate support are the ones most likely to be set aside or refused.

What if the payor is self-employed?

Then determining income is the substance of the case. Corporate structures, retained earnings and personal expenses run through a business all bear on what income is genuinely available.

When does child support end?

It does not end automatically at a birthday. Support can continue for an adult child who remains dependent — commonly while in full-time post-secondary education — and ending payments unilaterally is a frequent and expensive mistake.

Can support be changed?

Yes, on a material change in circumstances. Income changes and shifts in the parenting schedule are the usual triggers.

Who enforces it?

Ontario's Family Responsibility Office enforces support obligations filed with the court, using tools an individual does not have.

Read more

Official resources

Government sources for this topic. Rules change — confirm the current position before you rely on it.

This page is general information, not legal advice. Reading it does not create a lawyer-client relationship. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070.
Calculator

Child and spousal support estimator

The Ontario child support table applied to the income you enter, and the Advisory Guidelines range for spousal support. Both are estimates — the notes under each result say what they leave out, and they leave out a lot. There is more detail on the child support calculator and spousal support calculator pages.

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