Child and spousal support in Ontario is where separating couples most often get stuck, partly because child support and spousal support are widely assumed to work the same way. They do not. Child support is largely formulaic and calculated from tables, while spousal support depends first on whether there is an entitlement at all and then on ranges that are advisory rather than binding. Getting the distinction right early saves a great deal of argument, and it changes how you should approach negotiation. What follows is an outline of how each is determined in Ontario and what happens when payments are not made.
Child Support Is Calculated, Not Negotiated From Scratch
Child support in Canada is governed by the Federal Child Support Guidelines. Section 3(1) provides that for children under the age of majority, the amount is the amount set out in the applicable table according to the number of children and the income of the spouse against whom the order is sought, plus any amount determined under section 7. The tables are set by province, so Ontario figures apply where the paying parent resides here. The starting point is therefore arithmetic rather than argument, and the real disputes are usually about income: what a self-employed parent actually earns, whether income should be imputed, and how bonuses or corporate earnings are treated.
Support does not automatically end at 18. Under section 31(1) of the Ontario Family Law Act, a parent must support an unmarried child who is a minor, is enrolled in a full-time program of education, or is unable by reason of illness, disability or other cause to withdraw from the charge of his or her parents. The Divorce Act uses a comparable definition of a child of the marriage. For adult children, section 3(2) of the Guidelines directs the court to apply the table amount unless it considers that approach inappropriate, in which case it sets an amount having regard to the child’s condition, means, needs and other circumstances. Child support is treated as belonging to the child rather than the receiving parent, which is why parents cannot simply agree to waive it and expect a court to endorse that bargain.
Special Expenses and Shared Parenting Time
Section 7 of the Guidelines allows a court to order a contribution to certain additional expenses on top of the table amount, taking into account the necessity of the expense in relation to the child’s best interests and its reasonableness in relation to the means of the parties and the family’s spending pattern before separation. The listed categories include child care incurred because of the employment, illness, disability or education of the parent with the majority of parenting time, the portion of medical and dental insurance premiums attributable to the child, health-related expenses that exceed insurance reimbursement by at least $100 annually such as orthodontics, counselling, physiotherapy, prescription drugs and glasses, and extraordinary expenses for education and for extracurricular activities. These are normally shared in proportion to income rather than split evenly.
Where each parent exercises not less than 40 per cent of parenting time over the course of a year, section 9 applies instead. The court must then consider the table amounts for both parents, the increased costs of the shared arrangement, and the circumstances of each parent and child. The 40 per cent threshold is frequently litigated, and crossing it does not automatically halve the payment.
Spousal Support in Ontario Works Differently
Spousal support begins with entitlement, which is not automatic. It has to be established on a compensatory, contractual or needs-based footing. Section 33(8) of the Family Law Act describes what an order should do: recognize the spouse’s contribution to the relationship and the economic consequences of the relationship for that spouse, share the economic burden of child support equitably, make fair provision to assist the spouse to become able to contribute to their own support, and relieve financial hardship not already addressed through property division.
Once entitlement is established, most Ontario lawyers and judges turn to the Spousal Support Advisory Guidelines for amount and duration. It is important to understand what they are. The Department of Justice states plainly that the Advisory Guidelines are not law. They were developed by two family law professors with departmental funding to make outcomes more predictable, they produce ranges rather than a single number, and they do not address entitlement at all. Judges often base decisions on them, but a court is not bound to follow them. Where child support is also in issue, section 15.3 of the Divorce Act requires the court to give priority to child support.
Enforcing Child and Spousal Support in Ontario
In Ontario, when a court orders child or spousal support, the order is automatically filed with the Family Responsibility Office, which collects, distributes and enforces payments. Where a payor falls behind, the FRO has substantial tools. It can garnish a bank account, suspend a driver’s licence, report the arrears to the credit bureau, work with the federal government to suspend federal licences including a passport, register a lien against property, and file a writ of seizure and sale against assets such as a home or vehicle.
If your income changes materially, seek advice about varying the order rather than unilaterally reducing what you pay. Arrears accumulate and are difficult to have reduced retroactively. If you are receiving support and payments stop, act promptly. Keep complete records of income and payments on both sides, and provide honest, current financial disclosure, because support built on incomplete disclosure rarely survives scrutiny.
If you are dealing with a child or spousal support issue in Ontario, George Habib, family lawyer at Habib Legal Counsel, will review your circumstances and advise you on a realistic outcome. Visit HabibLC.com or call anytime at 647-648-2164 — George Habib and his firm are ready to help.
George Habib | Habib Legal Counsel | Family Law | 647-648-2164 | Contact us
