Understanding Child Support
The Law on Child Support
Child Support
- Divorce Act (Canada) – for married spouses seeking divorce.
- Family Law Act (Ontario) – for married and unmarried parents.
- Federal & Ontario Child Support Guidelines – how support is calculated.
How Support is Calculated
The Process
Step 1
Determining Income
Verify the payor’s income. If unclear or under‑reported, courts may impute income based on evidence.
Step 2
Applying the Guidelines
Use the official Guideline tables—mandatory in almost all cases unless there are very unusual circumstances.
Step 3
Agreement or Court Order
- Uncontested: Parents agree to a Guideline amount (separation agreement/consent order).
- Contested: Court decides after reviewing evidence.
Step 4
Enforcement
Orders are filed with the Family Responsibility Office (FRO), which can collect/enforce through garnishment, seizures, or suspensions.
How We Can Help
Calculating Support
Accurate Guideline amounts based on income and parenting time.
Section 7 Expenses
Negotiating fair sharing of childcare, medical, education, and activities.
Income Disputes
Self‑employed/under‑employed cases, disclosure issues, and imputed income.
Variation & Enforcement
Increase/reduce orders; work with FRO to enforce payments.
Retroactive Support
Pursue back‑dated support when past income wasn’t disclosed.
Frequently Asked Questions (FAQ)
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How long to pay?
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Usually until 18; longer if in school full‑time or dependent due to disability.
Income changed?
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Apply to vary the order if there’s a material change (job loss, new job, illness).
50/50 schedule?
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Shared parenting still requires support; amounts net out based on both incomes.
Waive support?
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No—child support is the child’s right; parents cannot contract out improperly.
Enforcement
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Through FRO: garnishment, seizures, license suspensions, etc.