What Is Child Support?
When parents separate, their children remain a shared responsibility. Child support in Ontario ensures children continue to benefit from both parents’ financial resources, regardless of where they live or who has primary custody.
Unlike spousal support, child support is not negotiable between parents—it is considered the legal right of the child.
Child support may seem to be a straightforward issue to decide. It is based mostly on income of either one party or both parties and a corresponding number in the applicable table shows how much should be paid based on income.
However, it gets a bit more complicated when one or both parties are self-employed or have multiple streams of incomes. These people have control over financial information. They can prevent access of the other party to that information.
Another potential issue of contention may be understanding who the child has been living with during what periods of time as it may affect the amount or even who has to pay child support.
Legal Basis for Child Support in Ontario
The obligation to pay child support comes from two main laws:
- Family Law Act (Ontario)
- Divorce Act (Canada)
The specific amounts are determined by the Child Support Guidelines, which use income-based tables. These tables calculate support based on:
- The number of children
- The income of the paying parent
This system ensures payments are predictable, consistent, and fair across the province.
To estimate child support, parents can use our Ontario Child Support Calculator.
Child Support Guidelines and Amounts
Courts generally follow the table amounts with little discretion to vary. However, there are two important exceptions:
- Shared Parenting (40% Rule):
If a child spends at least 40% of their time with each parent, costs increase. Courts can adjust support in these cases. - Section 7 Expenses (Special or Extraordinary Costs):
Parents may need to share extra costs such as:- Medical expenses not covered by insurance
- Tutoring or educational programs
- Extracurricular activities (sports, music, etc.)
Can Parents Waive Child Support?
No. Child support cannot be waived or “opted out” of by private agreement. Even if parents agree, the court can step in to ensure children receive adequate support.
This is because child support belongs to the child, not the parents. The Divorce Act emphasizes that support is intended to meet the needs of children, not balance fairness between parents.
These expenses are usually divided between parents based on their relative incomes.
Why Child Support Matters
Child support provides stability and fairness. The goal is to ensure children do not experience drastic changes in lifestyle because of separation. By linking support amounts directly to parental income, children share in the financial circumstances of both parents.
This reflects the principle that children’s well-being is a shared and ongoing responsibility.
Frequently Asked Questions (FAQ)
The parent who does not have primary care (or earns more in shared custody) usually pays child support.
Amounts are based on the Child Support Guidelines, which consider the paying parent’s income and number of children.
They are extra costs like medical bills, daycare, tutoring, or extracurricular activities, shared proportionally by both parents.
No. The court ensures children’s rights to support are protected, regardless of private agreements.
Not always. If the child is still in school or dependent due to disability, support may continue.