Child Support Lawyers in Ontario

Child support is a legal right that belongs to every child — not a bargaining chip in separation negotiations. If you are separating from your child’s other parent in Ontario, understanding how support is calculated, what expenses are covered, and how to enforce or modify an order is critical to protecting your child’s well-being.   

At Soica & Associates, our child support lawyers help parents navigate the Child Support Guidelines with clarity and confidence — whether you are establishing support for the first time, seeking a variation, or enforcing an existing order.

How Child Support Is Calculated in Ontario

How Is Child Support Calculated in Ontario?

In Ontario, child support is calculated using the Federal Child Support Guidelines. The process involves two components:

The table amount.

The base level of child support is determined by the Child Support Guidelines table, based on the paying parent’s gross annual income and the number of children. Ontario has its own provincial table that applies in most situations. This amount is not discretionary — it is the presumptive starting point in virtually every case. It does not depend on the recipient parent’s income or what the money is spent on.

Special and extraordinary expenses (Section 7 expenses).

On top of the table amount, courts can order one or both parents to contribute to certain additional expenses that are necessary and reasonable in light of the child’s needs and the family’s prior standard of living. Section 7 expenses commonly include:

• Childcare costs — daycare, after-school care, summer camps
• Health and dental insurance premiums not covered through employment benefits
• Medical and dental expenses not covered by insurance
• Extracurricular activities — sports, music, arts programs
• Post-secondary education costs
• Special educational programs or tutoring

Section 7 expenses are typically shared proportionately between parents based on their respective incomes — not necessarily 50/50. A parent earning 60% of the combined household income would contribute 60% of agreed Section 7 expenses.

Shared and Split Custody

How Does Shared Custody Affect Child Support in Ontario?

When parents share roughly equal parenting time — typically defined as at least 40% of the time with each parent — the standard table amount calculation is modified. In a shared custody arrangement, courts have discretion to depart from the table amount and consider:

• The amounts set out in the applicable tables for each parent based on their respective incomes
• The increased costs of a shared custody arrangement — two sets of bedrooms, equipment, and supplies
• The conditions, means, needs, and other circumstances of each parent and each child

The result is not always a simple offset of each parent’s table amount. Courts look at the net financial outcome for the child and apply a child-focused analysis. The set-off approach (where each parent’s table amount is calculated and the lower is subtracted from the higher) is a common starting point, but it is not mandatory.

Legal advice is strongly recommended before agreeing to a shared custody arrangement, as the financial implications can be significant and the calculation is more complex than it appears.

Changing a Child Support Order

Can Child Support Be Changed After an Order Is Made?

Yes. Child support is intended to reflect the current financial circumstances of both parents and the actual needs of the child. Either parent can apply to vary a child support order or agreement when there has been a material change in circumstances, including:

A significant change in the payor’s income

— either an increase or a decrease. If the payor’s income has risen substantially since the original order, the recipient parent can seek an increase. If income has genuinely decreased, the payor may seek a reduction.

A change in the child’s living arrangements

or the amount of time spent with each parent. A shift from primary residence to shared custody (or vice versa) is a material change warranting recalculation.

A change in the child’s needs

— for example, new medical expenses, a significant extracurricular commitment, or a child reaching the age of majority.

The child becoming financially independent

or ceasing to be a ‘child of the marriage’ under the Divorce Act — for example, a child who finishes post-secondary education and becomes self-supporting.

Child support should be reviewed regularly — ideally annually — to ensure it reflects current incomes. Many parents fall behind because neither party takes steps to update the order. Annual income disclosure to the other parent is both a legal expectation and a practical protection for both sides.

Enforcement

What Happens If Child Support Is Not Being Paid?

In Ontario, child support orders and agreements can be enforced through the Family Responsibility Office (FRO). The FRO is a government body with significant enforcement powers, including:

• Garnishing wages, bank accounts, and federal payments such as income tax refunds
• Suspending driver’s licences and initiating vehicle permit suspension
• Reporting unpaid support to credit bureaus
• Seizing and selling property to satisfy arrears
• Placing passport restrictions on non-paying parents

If a payor is self-employed, has variable income, or appears to be deliberately suppressing their income to reduce support obligations, additional legal steps may be required. Courts can impute income to a parent whose reported income does not reflect their actual earning capacity — based on their education, work history, lifestyle, and the available evidence.

Income Disclosure and Imputation

Accurate income disclosure is the foundation of any child support calculation. Both parents are required to provide annual income disclosure — typically their most recent tax return and Notice of Assessment from CRA.

Where a parent’s reported income does not accurately reflect their earning capacity, courts can impute income. Situations where income imputation may arise include:

• A parent who is voluntarily unemployed or underemployed
• A parent whose lifestyle is inconsistent with their reported income
• A parent who controls their income through a corporation or self-employment
• A parent who has recently reduced their income in anticipation of a support application

Our lawyers are experienced in income imputation arguments and disclosure proceedings — helping you obtain a support order that reflects what the payor is actually capable of paying.

Costs and Timelines

Child support matters can be resolved by agreement or through the courts. Typical costs and timelines:

• Negotiated child support agreement included in separation agreement: $3,000–$15,000 per spouse
• Variation application — straightforward income change: $3,000–$10,000
• Contested hearing involving income imputation, business income, or enforcement: $15,000–$50,000+

Where parents can agree on the basic structure of support and the income figures are not in dispute, child support provisions are typically one of the more straightforward parts of a separation agreement. The complexity — and cost — arises where income is disputed or where Section 7 expenses are contested.