Introduction
When families go through change, especially separation or divorce, one of the most pressing (and often emotional) questions is: what happens to the kids—both practically and financially? Child support and The Family Law Act are hot topics for Ontario parents navigating these complex waters. If you’ve ever wondered how much you’ll pay or receive, who’s responsible, what the law says, or how to enforce your rights, you’re in the right place.
This guide, brought to you by the experienced family lawyers at Tailor Law PC, breaks down child support and The Family Law Act in Ontario in plain language, answers burning questions, and points out practical steps and legal nuances every parent should know. Let’s get started—because your child’s future matters, and so does your peace of mind.
Table of Contents
- What Is Child Support?
- What Is The Family Law Act?
- Who Pays Child Support, and Who Receives It?
- How Is Child Support Calculated in Ontario?
- What Do the Child Support Guidelines Cover?
- How Do the Family Courts Enforce Child Support Payments?
- When Can Child Support Be Changed?
- Special and Extraordinary Expenses: What Are They?
- What Happens When a Parent Doesn’t Pay?
- Common Myths About Child Support and The Family Law Act
- Conclusion
- FAQs
1. What Is Child Support?
Child support is, at its core, a legal obligation for one parent to provide financial support to their child or children after a relationship ends. The idea is simple: kids shouldn’t be the financial casualties of separation. The money goes toward the child’s basic needs—think food, shelter, clothing, school supplies, and sometimes even extracurricular activities.
But here’s the kicker: child support isn’t just a moral responsibility—it’s a legal one. Both federal and Ontario laws—including The Family Law Act—set out the rules.
2. What Is The Family Law Act?
The Family Law Act (Ontario) is the main provincial law that governs family relationships, including property, spousal support, and—importantly—child support. While federal law (the Divorce Act) applies to married couples seeking divorce, The Family Law Act applies to both married and common-law couples in Ontario, especially when dealing with child support outside of divorce proceedings.
Key functions of The Family Law Act include:
- Outlining parents’ obligations to support their children
- Setting out how courts determine and enforce child support
- Providing a framework for resolving disputes
So, whether you’re married, living common-law, or never cohabited, The Family Law Act is center stage when it comes to child support in Ontario.
3. Who Pays Child Support, and Who Receives It?
You might be asking, “Do I have to pay, or am I entitled to receive?” Here’s how it shakes down:
- Payor Parent: Usually, the parent the child lives with less than 40% of the time pays child support.
- Recipient Parent: The parent with whom the child primarily lives receives support.
- Shared Parenting: If the child splits time roughly equally (40% or more with each parent), support is calculated differently, often using a “set-off” method where the higher-income parent pays the difference.
Quick Facts:
- Both biological and adoptive parents may be required to pay support.
- Step-parents can sometimes be ordered to pay, depending on their role in the child’s life.
4. How Is Child Support Calculated in Ontario?
Here’s where the rubber meets the road. Ontario uses the Child Support Guidelines, which are based mainly on:
- The payor’s gross annual income
- The number of children to be supported
The calculation is formulaic—there’s not much wiggle room. The government even provides online Child Support Tables to make it easier.
Example:
- If you’re the paying parent living in Ontario, earning $60,000/year, and you have two children, you’d plug those numbers into the table to find the monthly amount.
But wait—there’s more! The Guidelines don’t always tell the whole story. Courts can consider other factors, such as:
- Special or extraordinary expenses (more on this soon)
- Income fluctuations
- Undue hardship
5. What Do the Child Support Guidelines Cover?
The Child Support Guidelines set out the basic amount of support—the bread-and-butter expenses. But what about daycare, orthodontics, or hockey camp? Enter “special and extraordinary expenses.”
Covered by the Guidelines:
- Food
- Housing
- Basic clothing
- School supplies
Not Covered (Special/Extraordinary):
- Daycare and childcare
- Medical/dental (not covered by insurance)
- Extracurriculars (think: sports, music lessons)
- Post-secondary education
The law expects parents to share these extra expenses in proportion to their incomes.
6. How Do the Family Courts Enforce Child Support Payments?
If only everyone paid on time, every time! But when they don’t, the Ontario courts have your back. The Family Responsibility Office (FRO) is the provincial agency that collects, tracks, and enforces child support orders and agreements.
How FRO Enforces Child Support:
- Garnishing wages (taking money right off the paycheque)
- Seizing tax refunds, bank accounts, or even lottery winnings
- Suspending driver’s licences or passports
- Reporting to credit bureaus
If payments aren’t made, the FRO has serious teeth.
7. When Can Child Support Be Changed?
Life happens. Incomes change, kids grow, custody arrangements shift. The law recognizes this by allowing parents to vary (change) child support if there’s a material change in circumstances.
Common reasons to seek a change:
- Significant change in income (job loss, big raise)
- Change in parenting time
- Child turns 18 (but may still be entitled if in school or disabled)
- New special expenses crop up
How to request a change:
- Talk to the other parent—sometimes you can agree.
- If not, apply to the court for a variation.
- Provide updated financial disclosure.
Pro tip: Always document your change, even if you agree, to avoid future disputes.
8. Special and Extraordinary Expenses: What Are They?
“Special and extraordinary expenses” (Section 7 expenses in legal lingo) are above and beyond the basics. But what exactly counts?
- Childcare: Needed for the parent to work, study, or because of health issues
- Medical/Dental: Not covered by insurance (braces, therapy, prescription drugs)
- Education: Private school, tutoring, post-secondary
- Extracurricular: Competitive sports, music, arts, if the child’s talent or interests call for it
Parents usually share these costs in proportion to income. So, if one parent earns 70% of the combined family income, they’d pay 70% of these special expenses.
9. What Happens When a Parent Doesn’t Pay?
Some parents fall behind. Others refuse outright. So, what then?
- First Stop: Family Responsibility Office (FRO): They’ll try to collect and enforce.
- Court Enforcement: If FRO can’t collect, courts can hold the payor in contempt, order jail time, or seize assets.
- Interest and Penalties: Late payments can accrue interest.
- Credit Consequences: Non-payment can affect credit ratings.
Letting arrears pile up is risky. If you can’t pay, it’s better to seek a change than ignore the problem.
10. Common Myths About Child Support and The Family Law Act
Let’s bust some tall tales, shall we?
- Myth 1: “If the other parent doesn’t let me see the kids, I don’t have to pay.”
Fact: Parenting time and child support are separate issues. You pay, regardless. - Myth 2: “Child support ends automatically at 18.”
Fact: Child support may continue if the child is in school full-time or has a disability. - Myth 3: “We agreed on a different amount, so the court will rubber-stamp it.”
Fact: Courts scrutinize agreements to ensure they meet the child’s best interests and legal minimums. - Myth 4: “Only biological parents pay support.”
Fact: Sometimes, step-parents or those who stood in the place of a parent can be on the hook.
11. Conclusion
Child support and The Family Law Act in Ontario can feel like a maze, but understanding your rights and responsibilities is the first step to clarity—and peace of mind. Whether you’re paying or receiving support, the law aims to put your child’s needs front and center, ensuring both parents do their part. Ontario’s family courts, backed by the Family Law Act, provide clear rules, strong enforcement, and flexibility for life’s inevitable changes.
If you’re facing questions about child support, enforcement, special expenses, or changing your agreement, Tailor Law PC’s team of family lawyers stands ready to help. With deep expertise, a client-focused approach, and a reputation for results, Tailor Law is your trusted partner in navigating Ontario’s family law landscape. Your child’s future—and your legal rights—deserve nothing less.
For more information or to book a free family law consultation, visit Tailor Law’s family law page or call today. Get the guidance you need, when you need it most.
