Child and spousal support, explained clearly and fairly

How support works in Ontario

After a separation, support helps make sure children, and sometimes a former partner, aren’t left struggling financially. There are two kinds, and they follow different rules.

Child support is the right of the child, not the parent. Both parents have a duty to support their children, and a parent can’t give up child support on a child’s behalf. In most cases the amount comes from the Child Support Guidelines: the federal Guidelines for divorcing couples, and Ontario’s nearly identical version for everyone else.

Spousal support is different, because it isn’t automatic. A spouse first has to show they’re entitled to it, usually because they gave up career opportunities during the relationship, because they’re in financial need after it ends, or because an agreement says so. Only then do the questions of how much, and for how long, come up.

Married spouses can claim spousal support. So can common-law partners who lived together continuously for at least three years, or who were in a relationship of some permanence and have a child together.

How we can help

Support affects your monthly budget for years, so getting it right matters. We help you understand the numbers before you agree to anything.

• Calculating support. We work out guideline child support and the suggested range for spousal support, using accurate income figures.

• Complicated income. We help when income isn’t straightforward, such as self-employment, commission, bonuses, corporate income or a recent job loss.

• Special expenses. We sort out how costs like childcare, medical needs, post-secondary education and certain activities are shared.

• Clear agreements. We negotiate support terms and record them in a separation agreement or consent order that can be enforced.

• Changing support. We help you ask for a change when incomes, parenting time or a child’s circumstances have changed.

• Enforcement. We explain how Ontario’s Family Responsibility Office (FRO) collects and enforces support, and what to do when payments stop.

How the process works

Support can often be settled within weeks once both people have shared their financial information. Disputes about income or entitlement take longer, sometimes many months.

1. Free consultation. We look at your situation, explain which kinds of support may apply and give you a sense of the likely range.

2. Financial disclosure. Both people share income tax returns, notices of assessment, pay stubs and other documents. In a court case, a sworn financial statement is also required.

3. Calculations and options. We run the guideline numbers and test different scenarios, such as shared parenting schedules or tax effects, so you can make informed choices.

4. Agreement or court. Most support issues are settled through negotiation or mediation. If not, a court can make a temporary support order while the case continues, and a final order later; timing depends on the court’s schedule.

5. Keeping it current. Many agreements and orders require a yearly exchange of income information so child support stays accurate. Either person can ask for a change if circumstances shift significantly.

Common mistakes to avoid

• Waiting to ask for support. Support can sometimes be ordered back in time, but courts become more cautious the longer you wait. Raise it early, and in writing.

• Paying informally with no record. Pay by cheque or e-transfer with a note, and keep records. Cash payments without receipts are easy to dispute later.

• Agreeing to no child support. Parents can’t waive child support for their children. An agreement that ignores the Guidelines may later be changed by a court.

• Underreporting income. A court can “impute” income (treat someone as earning more than they report) if they’re deliberately underemployed or hiding income. Honest disclosure protects you.

• Stopping payments without an order. Losing a job doesn’t automatically lower support. Keep paying what you can and formally ask for a change as soon as possible.

• Forgetting about tax. Regular spousal support paid under a written agreement or court order is usually taxable for the recipient and deductible for the payor; child support generally isn’t. Factor this into any deal.

How support is calculated

Child support

The basic monthly amount, called the table amount, depends on the paying parent’s income, the number of children and the province where the paying parent lives. When each parent has the children at least 40% of the time, the two amounts are usually offset against each other and adjusted to the family’s situation.

On top of the table amount, parents usually share special or extraordinary expenses (often called section 7 expenses) in proportion to their incomes. These can include childcare, health costs not covered by insurance, post-secondary education and some extracurricular activities.

Child support usually continues while a child is under 18, and can continue after that while the child is in full-time education or can’t become self-supporting because of illness or disability.

Spousal support

Once entitlement is established, lawyers and judges often use the Spousal Support Advisory Guidelines (SSAG) to estimate a range for amount and duration. The SSAG look mainly at the difference between the spouses’ incomes, the length of the relationship and whether there are children.

The SSAG produce a range, not a single number, and they’re advisory rather than binding. Where an amount lands depends on things like each person’s needs, their ability to become self-supporting and the roles each person took on during the relationship.

What to do next

If money is tight or you’re unsure what’s fair, an early conversation can bring real relief. Bring whatever income information you have, and we’ll work from there.

Book a free 30-minute confidential consultation with Wren & Ashby, in person, by phone or by video, and we’ll help you understand what support may look like in your situation.