Child Support for Unmarried Parents: The Family Law Act Explained
Not married? Not divorcing yet? Understand how Ontario’s provincial laws protect your child’s right to financial support.
Legal Review: This legislative guide was reviewed by Deepa Tailor, Senior Family Lawyer, to explain the differences between the Federal Divorce Act and the Provincial Family Law Act (2026).
Which Law Applies to Me?
In Ontario, Child Support is governed by two different laws depending on your relationship status.
- 1.
The Divorce Act (Federal): Applies ONLY if you are legally married AND have filed for a divorce.
- 2.
The Family Law Act (Provincial): Applies to everyone else. This includes Common Law partners, unmarried parents, and married couples who are separated but not asking for a divorce. While the payment amounts (Guidelines) are usually the same, the rules for when support ends can differ.
Defining Parental Responsibility
Biological Parents
You are automatically liable for support if you are the biological parent, regardless of whether you ever lived with the child or the other parent.
Settled Intention (Psychological)
Step-parents or partners who “demonstrated a settled intention” to treat the child as their own can be ordered to pay support, even without biology or adoption.
Adoptive Parents
Once an adoption order is signed, you assume all financial responsibilities. The biological parents’ obligations cease.
Assisted Reproduction
Under the Children’s Law Reform Act, a person who provides sperm, eggs or an embryo for assisted reproduction is NOT a parent unless they are a parent under Part I of the Act (s. 5). A written pre-conception agreement is needed mainly where conception happens through sexual intercourse (s. 7(4)).
When Does Support Stop? (The Critical Difference)
The biggest difference between the two Acts is how they treat adult children.
Divorce Act (Federal)
Broader Definition. Support can continue well past 18 for illness, disability, or education. “Child of the Marriage” is defined flexibly.
Family Law Act (Provincial)
Stricter Definition. Support continues for an unmarried child who is a minor, is enrolled in a full-time program of education, or is unable because of illness, disability or other cause to withdraw from the charge of the parents (FLA, s. 31(1)).
What If Paternity is in Dispute?
Presumption of Parentage
The law presumes you are the parent if you were married to the birth mother or lived with her in a permanent relationship when the child was born.
The DNA Request
If there is doubt, either party can request a paternity test. If a party refuses, the court can draw an “adverse inference” (assume they are the parent).
Declaration of Parentage
We file an application for a court order formally declaring who the parents are. This allows the FRO to enforce support.
Family Law Act FAQs
Deepa Tailor, Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She assists unmarried and common-law parents in navigating the specific provisions of the Ontario Family Law Act.