Child Support Basics
What is Child Support and How Much Am I Entitled To?
When parents separate, their children’s well-being is the highest priority. In Ontario, child support is a legal obligation designed to meet the financial needs of children, ensuring they have a stable environment regardless of changes in their parents’ relationship. Child support is the right of every child. It is not the right of either parent.
Whether you’re paying or receiving child support, understanding how it works is key to navigating your new family dynamic. Let’s explore the basics, including how child support is calculated, common scenarios, and what you need to know about your rights and obligations.
What is Child Support?
Child support is the financial contribution one parent provides to the other to help cover the costs of raising their children after separation or divorce. It ensures children have access to essential resources like housing, food, and education.
Child support in Ontario is governed by two main frameworks:
1. The Federal Child Support Guidelines: Applies to married or divorced couples.
2. The Ontario Child Support Guidelines: Applies to parents who were not married but have children together.
Both guidelines work similarly, providing tables and rules to determine child support based on the paying parent’s income and the number of children.
Who Pays Child Support?
Typically, the parent who spends less time with the child pays child support to the parent who has primary care. The parenting arrangement plays a major role in determining child support:
1. Primary Parenting
If one parent has the child for more than 60% of the time, the other parent (with less than 40% access) pays child support. This ensures the custodial parent has the financial means to care for the child.
2. Shared Parenting
When both parents have the child at least 40% of the time but less than 60%, this is a shared parenting arrangement. In these cases:
Both parents are responsible for child support.
The amount owed is based on each parent’s income.
The higher-earning parent pays the difference to balance the financial burden.
Example: If one parent owes $800 per month based on their income and the other owes $500, the higher-earning parent would pay the difference of $300.
How is Child Support Calculated?
The amount of child support depends on three key factors:
The paying parent’s income: Gross annual income is used as the starting point (Line 15000 on your T1).
The number of children: The amount increases with more children.
Federal or Ontario Child Support Tables: These provide the base amount owed based on income and the number of children.
Example Calculation
A parent in Ontario earning $75,000 annually with two children might owe approximately $1,139 per month, according to the guidelines. You can use the government’s child support calculator for an estimate, but consulting a lawyer ensures accuracy based on your specific circumstances.
What About Special or Extraordinary Expenses?
In addition to the base amount, parents may be required to share Section 7 expenses—costs for special or extraordinary needs, including:
Childcare: Daycare or after-school programs.
Medical or Dental Costs: Expenses not covered by insurance.
Education: Private school tuition or tutoring.
Extracurricular Activities: Sports, music lessons, or camps.
These costs are divided in proportion to each parent’s income. For instance, if one parent earns 70% of the total income, they pay 70% of these expenses. However, many parents opt to share these expenses equally.
Does Child Support Change Over Time?
Child support amounts are not set in stone. Changes in circumstances can lead to adjustments, such as:
Income Changes: If the paying parent’s income increases or decreases, the amount of child support may be recalculated.
Parenting Time Adjustments: If custody arrangements change, the support obligations may also change.
Child’s Independence: Child support generally ends when the child turns 18, unless they remain dependent (e.g., pursuing post-secondary education or living with a disability).
What Happens If Child Support is Not Paid?
The Family Responsibility Office (FRO) in Ontario enforces child support orders and agreements. If payments are missed, the FRO can take actions such as:
Garnishing wages.
Intercepting tax refunds.
Suspending driver’s licenses.
Imposing financial penalties.
If you are not receiving court-ordered child support, you can contact a lawyer for assistance in enforcing the order through FRO.
What If We Agree on a Different Amount?
Child support guidelines are the legal standard for determining support amounts. However, parents may agree on a different amount—either higher or lower—if they believe it better suits their situation and benefits their children. If the matter goes before a judge, the court will generally follow the guidelines unless there are specific provisions that directly or indirectly benefit the child.
Parents can agree to a different amount of child support than what the guidelines suggest, but the agreement must:
Be fair and reasonable
Ensure that the children’s needs are met
Be formalized in a written agreement or court order
Again, courts may intervene if the agreed-upon amount does not adequately provide for the children.
For example, one parent might transfer ownership of an asset, such as the family home or a vehicle, to the other parent without compensation. This type of arrangement could support the child’s well-being and stability, and parents may consider such provisions when deciding on the appropriate child support amount.
How Do I Start the Process?
To establish child support, you can:
Negotiate with your co-parent: Many parents reach agreements by using the Child Support Calculator outside of court through negotiation or mediation.
Obtain a court order: If an agreement cannot be reached, you can apply to the court to determine the appropriate amount.
Conclusion
Child support is a critical component of ensuring children’s well-being after a separation or divorce. By understanding how it’s calculated, including the impact of parenting arrangements, and your rights under Ontario’s family laws, you can take the necessary steps to secure a stable financial future for your children.
If you’re unsure about your child support obligations or entitlements, consulting a family lawyer can provide clarity and help you navigate this important aspect of parenting after separation.
