Gelman Family Law Lawyers

Over 200+ 5-Star Google Reviews

Book Consult

Child Support Lawyers Toronto

Book Consult1-844-736-0200

Table of Contents

Child Support

Child support can be one of the most important aspects of a separation or divorce. It helps ensure that children have the financial support they need to thrive, regardless of how their parents’ relationship changes. In Ontario, child support is considered the right of the child, not the parents. Parents cannot waive this responsibility, and support may be owed even in shared parenting arrangements where the parents spend significant or equal time with their children.

At Gelman & Associates, our child support lawyers in Toronto understand the financial, emotional, and practical stress that often accompanies these issues. We take time to listen, provide clear information, and help parents feel supported while navigating an often-overwhelming process. Our goal is to empower you with the knowledge you need to make thoughtful decisions during a challenging transition.

To speak with an experienced Toronto child support lawyer today, you can contact us online or call our office at (416) 736-0200. We serve clients across Ontario.

How Child Support Is Calculated in Ontario

Ontario uses the Federal Child Support Guidelines and the Ontario Child Support Guidelines to determine the appropriate amount of child support. These guidelines set out tables that link the payor parent’s before-tax annual income to the number of children, and then provide a basic monthly “table amount” of support for that family. The tables also take into account the province or territory where the paying parent lives, as tax rules and costs can vary across Canada.

In practical terms, this means that child support is not based on a detailed budget of what your specific child costs each month. Instead, courts and lawyers refer to the guideline tables to see what amount should normally be paid for a child in a family with a similar income level. Economic studies are used to inform these tables, and they are updated from time to time to reflect changes in tax rules and the cost of living in Ontario.

The basic table amount is intended to cover a child’s ordinary, day-to-day needs, including things like food, clothing, basic housing costs, utilities, and regular transportation. In many families, there may also be additional expenses that fall outside these everyday items, such as certain medical costs, child care, or post-secondary education.

Table Support vs. Special or Extraordinary Expenses

In addition to the base (or “table”) amount, parents may also share certain additional costs called special or extraordinary expenses, often referred to as Section 7 expenses. These may include medical or dental insurance premiums for the child, health-related expenses such as orthodontics, therapy, or prescription medications, educational programs or tutoring, post-secondary education, and extracurricular activities such as music lessons, sports, summer camps, or specialized training.

These expenses are generally shared proportionate to each parent’s income. Understanding which expenses qualify, as well as how much each parent may be expected to contribute, can be confusing. Our Toronto child support lawyers can help you review your circumstances and understand your options.

Table Support vs. Special or Extraordinary Expenses

Common Questions Our Toronto Child Support Lawyers Receive

Do parents have to pay child support even with 50/50 parenting time?

Yes, in some cases. Equal time with the children does not automatically eliminate child support obligations. If one parent earns more than the other, they may still owe support based on the difference between the parties’ incomes. Certain exceptions may apply, depending on the family’s circumstances.

Does child support cover university or post-secondary education?

Parents may be responsible for contributing to post-secondary costs, even after their child has turned 18. While every situation is unique, courts often expect both parents to help cover reasonable education expenses if they have the financial ability to do so.

How long does child support last?

Support generally continues until a child turns 18. However, it may continue longer if the child is still enrolled in full-time studies or is unable to withdraw from parental care due to health or disability-related reasons.

What if my financial circumstances change?

Child support can be reviewed when there is a material change in circumstances, such as job loss or a significant change in income. Annual financial disclosure is typically required, allowing both parents to ensure that support obligations remain fair and aligned with the guidelines.

Can child support be enforced if a parent refuses to pay?

Ontario’s Family Responsibility Office (FRO) is responsible for collecting and enforcing child support payments. FRO may garnish wages, intercept tax refunds, suspend a driver’s licence, or take other enforcement steps where necessary.

Do step-parents ever have child support obligations?

A step-parent may have responsibilities if they showed a settled intention to treat the child as their own during the relationship. Whether support is owed depends on the family’s specific circumstances and the level of involvement.

Myths and Facts About Child Support in Ontario

Many parents come to us feeling overwhelmed by conflicting information. Here are some common myths our team at Gelman & Associates helps clients debunk. To clarify your legal rights and obligations when it comes to child support in Ontario, we recommend speaking with an experienced Toronto child support lawyer. Our team at Gelman & Associates can help you navigate your separation, divorce, and financial obligations.

Myths and Facts About Child Support in Ontario

Changing, Reviewing, or Enforcing Child Support

Life rarely remains static, and your child support arrangements may need adjustment over time. Whether your income changes, parenting arrangements shift, or a child begins post-secondary studies, it may be appropriate to revisit support obligations. In Ontario, it is possible to change your child support order if you are able to provide sufficient evidence for your request.

Support can sometimes be updated through negotiation or mediation, while other situations may require a more formal process. If enforcement issues arise, we can help you understand your options and the processes available through FRO. Our role is to help you approach these challenges with clarity and confidence, supported by legal information you can trust.

Changing, Reviewing, or Enforcing Child Support

How Our Toronto Child Support Lawyers Support You

At Gelman & Associates, we recognize how stressful it can feel to manage financial issues while caring for your children. Our team offers a calm and compassionate approach, helping clients across Toronto and the GTA understand their rights and responsibilities during separation or divorce.

Comprehending child support obligations and amounts can get complicated, especially in situations where parents are self-employed or spend equal amounts of time with their children. That’s why we assist with understanding guideline calculations, reviewing and negotiating Section 7 expenses, and addressing income disclosure concerns.

We can also offer legal assistance when it comes to seeking or responding to requests for support changes, navigating enforcement issues, and connecting child support with other family law matters, such as parenting arrangements, spousal support, and divorce

You will also receive access to our helpful handbooks, resources, and personalized guidance throughout the process. Our goal is to ensure you feel informed and supported at every step.

Contact Our Toronto Child Support Lawyers

If you have questions about child support or wish to discuss your family’s situation, contact us today. Call (416) 736-0200 or reach out online to book a consultation. We are here to help you navigate this important stage in your family’s future.

Frequently Asked Questions

The Federal Child Support Guidelines are in place to dictate a fair amount of child support, and generally courts are inclined to follow the guidelines strictly. The guidelines employ a mathematical formula taking into consideration the support paying parent’s annual income and the number of children and provide an amount. The general rule is that the guidelines should be adhered to.  There are a few circumstances, however, which permit a court to deviate from the Child Support Guidelines. Examples are as follows:

Where the person seeking child support is not a biological parent but rather one who stands in place of a parent. This means that a divorcing step parent could be ordered to pay child support to his or her step-children if that spouse stood in the place of a parent during the marriage. According to the Divorce Act, a spouse “stands in place of a parent” when his or her conduct manifests an intention of placing himself or herself in the situation ordinarily occupied by the biological parent by assuming the responsibility of providing for the child’s economic and parenting needs. Courts will look at a variety of factors before making this determination.

Where the child is over the provincial age of majority. This is determined by the laws of the province where the child ordinarily resides. If the child ordinarily resides outside of Canada, the age of majority is eighteen years of age.

Where the support paying parent earns an income of more than $150,000 . In cases where the paying spouse makes more than $150,000 per year, he or she will be ordered to pay the guideline amount for the first $150,000, and the court has discretion whether to impose a higher amount in child support due to the income earned in exess of $150,000.

In split custody arrangements whereby each parent has custody of one or more of the children. Where split custody exists, the amount of child support is determined by calculating the difference between the amount that each would otherwise pay if a child support order were sought against each of them. In situations where parents earn roughly the same income and each is responsible for the support of a child of the marriage, the court can decline to make any order for child support.

In shared custody or access arrangements where a child spends at least 40 percent of the year with each parent. If shared custody is established, then the court is permitted to deviate from the regular guidelines. Section 9 of the Federal Child Support Guidelines addresses this situation and provides that the court should consider the guidelines amount, in addition to the increased costs of shared custody, and the conditions, means, needs and other circumstances of each spouse and of the children. Section 9 promotes flexibility and fairness and leaves discretion with the judge to consider the circumstances.

Where undue hardship arises and the household income of the party asserting undue hardship does not exceed that of the other household . Simply showing it will be hard to make the payments won’t suffice; to meet this standard you must show that the hardship caused by the payments will by excessive, extreme, improper, unreasonable or unjustified.

For help navigating your child support obligations and/or entitlements, please contact your Toronto divorce lawyer.

Child support is calculated mechanically, considering the parents’ salaries and the children’s location. The amount of child support each parent is responsible for is usually calculated using their total gross income according to line 150 of the tax return, how many children are involved, and their domicile.

In cases involving child support, you must typically serve and file financial disclosure. Financial disclosure is providing facts about your finances to the opposing party and the court, including your income, spending, assets such as property and other valuables, as well as debts.

Yes, it may be possible for you to pay for child support directly to your child, but it’s worth noting that this only happens in rare cases. Usually, you’re obligated to pay it to the other parent.

If you’re facing child support issues, your lawyer might refer to the Federal and/or provincial or territorial guidelines to assess what rules would apply to your situation.

In Canada, you’re obliged to pay for child support until the dependent reaches the age of 18 or until the child becomes independent or feels that they have reached a sense of maturity.

There are three main factors to consider in computing child support in Ontario:

  1. The paying parent’s income;
  2. Province where the paying parent is residing;
  3. Number of children the paying parent is supporting;

In addition to the above, the amount of child support from the paying parent may be adjusted based on the parenting agreement. If the parents have a parenting agreement that provides that the child or children are with either parent at least 40% of the time, then both parents’ income may be considered.
Further, the Child Support Guideline in Ontario and the Child Support calculator must be consulted in determining the amount of child support that the paying parent must give.
It must be noted that in Canada there are no States. Instead, there are Provinces. The Province where the paying parent is located will be a determining factor on which table or guideline will be used. i.e. if the paying parent resides in Ontario, then the Child Support Table in Ontario will be used in determining the amount of child support; if the paying parent resides in a different province in Canada, then the Federal Child Support Guideline in the province where the paying parent ordinarily resides will be used in determining the amount of child support; etc.

Parenting arrangements affect child support. Under Section 9 of the Federal Child Support Guidelines:
“Where a spouse exercises a right of access to, or has physical custody of, a child for not less than 40 percent of the time over the course of a year, the amount of the child support order must be determined by taking into account:
(a) the amounts set out in the applicable tables for each of the spouses;
(b) the increased costs of shared custody arrangements; and
(c) the conditions, means, needs and other circumstances of each spouse and of any child for whom support is sought.”

Still have family law questions?

Speak to a lawyer

If you need legal advice regarding child support matters in Ontario, contact our Toronto family law lawyers for a free consultation. Some conditions may apply.

Book Your Consult