Gail Vaz-Oxlade's Guide To:
Child Support in Ontario
Financially Smart Divorce
For more than 25 years you have witnessed Gail Vaz-Oxlade's trademark straight-up money wisdom, both on Radio and Television, most notably as host of TVs Till Debt Do Us Part, Princess and Money Moron. Gail is a best-selling Canadian financial author.
Gail Vaz-Oxlade's Guide To
Child Support in Ontario
Financially Smart Divorce
CHILD SUPPORT IN ONTARIO
How It Works
Child Support In Ontario: How It Works
Uniquely Strategic Family Mediation with a Financial Focus
"Of course it includes legalities, but divorce is really about families, change and starting over.
It's about tax implications and making smart money decisions. It's about where will I go? What will I do? Who will I be?"
Uniquely-Strategic Family Mediation with a Financial Focus
"Of course it includes legalities, but divorce is really about families, change and starting over.
It's about tax implications and making smart money decisions. It's about where will I go? What will I do? Who will I be?"
The Straight-Up Truth About Child Support: Your Kids Can't Live on Promises
When it comes to child support, there’s no room for mincing words. Your children’s well-being and future are on the line, and it’s about more than just money—it’s about responsibility, fairness, and, most importantly, love. So let’s dive into the gritty reality of child support, the misconceptions surrounding it, and how to navigate this crucial aspect of parenting post-divorce or separation.
The Cold, Hard Facts
First off, child support is not a favor, nor is it a weapon. It’s a legal, moral responsibility—one parent paying another to cover the expenses of raising the children they share. It’s meant to ensure that the kids’ standard of living doesn’t plummet because their parents aren’t together anymore. Remember, the money is for the kids’ needs, not a paycheck for the ex.
Misconceptions and Mindsets
There are enough myths about child support to fill a book, but let’s tackle a big one: “If I can’t see my kids, I won’t pay.” Child support and access are two entirely different issues. Withholding support as a form of retaliation only hurts the children, not the ex-partner. If access is an issue, address it legally, but don’t mix it up with financial support.
Another mindset that needs adjusting is the idea that child support is some sort of alimony in disguise. Nope. It’s about ensuring your children have what they need to thrive. That includes everything from the roof over their heads to the shoes on their feet.
Navigating the Maze of Child Support
Here are some no-nonsense tips for dealing with child support, whether you’re receiving it or paying it:
Keep Impeccable Records: Receipts, bank statements, e-transfers—keep everything organized. Whether you’re the payer or the payee, this is about accountability.
Communicate Like Adults: Your kids shouldn’t be messengers or, worse, bargaining chips. Discuss child support issues directly with your ex-partner, and keep the conversation focused on the kids’ needs.
Adjust When Necessary: Life happens. Jobs change, incomes fluctuate, and kids’ needs evolve. Be prepared to revisit the child support agreement as circumstances change, but always do it through the proper legal channels.
Seek Mediation If Needed: If you and your ex-partner hit a wall, consider mediation before dragging the issue through the courts. It’s less expensive, less adversarial, and can lead to a more amicable agreement.
The Bottom Line
At the end of the day, child support is about ensuring your children have the stability and security they need to grow into healthy, happy adults. It’s not about the past; it’s about their future. And isn’t that what all parents want for their kids?
For those navigating the choppy waters of child support, remember, it’s not just about the dollars and cents. It’s about love, responsibility, and doing what’s right for the most important people in this equation—your children.
Step By Step Guide To Child Support In Ontario
The most frequently searched parenting issue following questions about custody, typically revolves around children and their financial support. In Ontario, children have the right to receive financial assistance from both parents, even if they are separated. If you and the other parent do not live together, by law, you MUST share the costs of caring for your children.
The amount of support each parent pays is determined by their current gross income (income before taxes and deductions), the living arrangements of the children, and the number of dependent children. These amounts are established by federal and provincial guidelines, and it’s important to note that negotiations or changes to child support amounts are not allowed.
Child support payments typically continue until the children reach 18 years of age or complete their post-secondary education. If the children primarily live with one parent (more than 70% of the time), that parent may be entitled to additional support from the other parent. This system is in place to ensure both parents contribute financially to meet the needs of their children.
What if I Don't Pay My Child Support?
In Ontario, the government has created an office called the Family Responsibility Office (FRO), which enforces support payments (support order) if necessary. The FRO will require paying parents to make all support payments to the FRO who will, in turn, send the payment to the other parent.
If payments are missed, the Family Responsibility Office will take action to enforce the order or agreement which can include the garnishing of wages, registering a lien against a property, taking money from a bank account, ordering a collection, cancelling a passport or suspending a driver’s license.
How is Child Support Calculated?
Child support, also known as “maintenance” in Ontario, is determined using the Ontario Child Support Table Guidelines. As a parent, you are obligated to financially support your children. Both parents share the responsibility of providing financial support, and the amount is calculated based on your income and the number of children.
This support continues until your children reach 18 years of age or complete their post-secondary education. The guidelines ensure that parents fulfill their financial duties in supporting their children until they reach adulthood or finish their higher education.
Can We Negotiate Child Support? NO YOU CAN'T NEGOTIATE THE SUPPORT OF CHILDREN
CREATING A NEW FUTURE?
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Do you want to understand how Online Mediation can work for you? Book a free JOINT TELEPHONE CONSULT for you and your Spouse. We will gladly explain the entire process and its benefits.
CREATING A NEW FUTURE?
Choose the RIGHT solution!
Do you want to understand how Online Mediation can work for you? Book a free JOINT TELEPHONE CONSULT for you and your Spouse. We will gladly explain the entire process and its benefits.
Child Maintenance in Ontario - The Major Questions and Answers
Can I stop paying support if my ex will not let me see my child?
No, support for your children and visitation rights are two very distinct and different legal matters. You must continue to pay child support regardless of how much you have access to your child.
Is child support the same in every province?
While child support is governed by federal guidelines in Canada, each province and territory has its own specific rules and regulations that may influence the calculation and administration of child support. The federal guidelines, known as the “Federal Child Support Guidelines,” provide a baseline for determining child support payments based on the paying parent’s income and the number of children.
Provincial and territorial family laws may introduce additional considerations or variations. It’s important to be aware of the specific rules in the province or territory where the support order is being established or modified.
Do I have to pay parental support if we were never married?
Yes, parental support has nothing to do with marriage but is applicable to all parents.
If I declare bankruptcy do I still have to pay support?
Yes. Filing bankruptcy does not end your obligation to pay child support payments, including both arrears and on-going payments.
Can the amount of support I pay ever be changed?
Yes. Typically your parenting plan states that child maintenance will be calculated annually according to your income. Either parent can also go to court and request that child support be increased, decreased, or even eliminated if there has been a significant change of circumstances.
Can my wages be garnished for not paying support?
Yes, failure to pay support can lead to serious consequences like garnishing your wages, withholding of unemployment benefit, sizing your assets, credit bureau reporting, or even driver’s license suspension or passport denial.
Do I need to pay Child Support if we never married and didn't live together long enough to be considered Common-Law?
It's real simple... If you are the parent of a child, you are obligated to support your children.
Is Child Support linked to Child Custody?
Child Support is different from child custody which is different from residency. Custody is about which parent will make decisions on behalf of your child and residency is about where your child will live. Child Support is based on the paying parent’s income, the number of children, and the province they reside in.
However, there are some scenarios where Child Support may be adjusted depending on how much your child lives with one parent or the other (residency).
What is the Family Responsibility Office (“FRO”)?
The Family Responsibility Office (FRO) is responsible for enforcing and collecting court-ordered child and spousal support payments. Its primary purpose is to ensure that support payments are made and received according to court orders and separation agreements. The FRO operates under the Ministry of the Attorney General in Ontario.
If your Ex doesn’t pay their support payment, the FRO has the authority to take enforcement action to recover the money owed.
How do I register Support payments with the Family Responsibility Office (FRO)?
You can register your separation agreement with the FRO by filing your completed Agreement with the Ontario Court of Justice or Superior Court of Justice with an affidavit for filing and then mailing a copy of the separation agreement, the affidavit for filing, and a completed FRO registration package to the FRO.
The Unofficial Rules of Divorce:
- Divorce gets prickly, even in the most amicable situation
- It’s often less about the legalities and more about the money
- People make expensive mistakes because they don’t make a plan
- Before you do anything, understand your rights, obligations & complexities
The Unofficial Rules of Divorce:
- Divorce gets prickly, even in the most amicable situation
- It’s often less about the legalities and more about the money
- People make expensive mistakes because they don’t make a plan
- Before you do anything, understand your rights, obligations & complexities
If my Ex gets re-married, will I still owe Child Support?
YES… as it doesn’t matter if either of you remarry.
Any change in your Ex’s living arrangements doesn’t affect the Child Support that is paid. Child Support is the responsibility of both parents and continues regardless of any future relationships.
What happens if my Ex moves?
You are a parent, regardless if your children live here in Ontario, across the country or on the other side of the world. You will still need to pay Child Support even if your spouse moves out of Ontario.
2. Can the amount I pay in Child Support ever be changed?
Yes - There may be changes in Child Support in some circumstances, such as if there is a change in income or a financial crisis.
Child Support In Ontario - Who Pays and How Much?
How is my income determined if I am self-employed?
When a spouse is self-employed, it adds a layer of complexity as their true income is likely not reflected in their tax returns because of write-offs, deductions, and exemptions. You and your spouse will then need to negotiate the actual income. This can be done simply in mediation or a collaborative process but if necessary you can take this situation to court and a judge will deem (make a decision) about what you actual income is.
Do I need to pay for things like hockey or skating lessons if I already pay Child Support?
Such things are not typically considered as part of child support and you both may be required to pay additional payments that are known as special and extraordinary expenses (also called Section 7 expenses). The guidelines state that these special and extraordinary expenses must be necessary and reasonable. Necessary, in the sense that they are in the child’s best interests, and reasonable given the means of the parents and in relation to the family’s spending habits prior to separation.
Does my spouse need to spend the Support on the children?
There’s no rule saying the parent receiving Child Maintenance must spend that money directly on the children. It’s assumed that the parent who has the child most of the time is taking care of their basic financial needs. Therefore in simpler terms, Child Support is meant to help cover household essentials and basic needs, just like it would if the parents were still living together, but it cannot be legislated on what it must be spent on.
Can I pay my support directly to my child?
As a norm, your children’s support is paid directly to the other parent.
What if I had a pre-nuptial agreement that said I don’t need to pay Child Support?
You can’t make any Agreement contrary to the laws of Ontario. As Child Support is the right of the child rather than a right of one of the parents, neither you or your spouse can contract out of support.
Will I have to pay Child Support if I am not the biological parent?
You may be required to continue to support a child if you have “stood in place of a parent”. When such a bond has been established, it cannot be unilaterally withdrawn by the adult.
Is Child Support tax deductible?
Child Maintenance is not tax deductible for the paying parent and is not added to the income of the parenting receiving the support.
How to Avoid A Messy Divorce
- Seriously consider mediation before lawyer litigation
- If at all possible, stay out of the Family Courts
- Gather and organize your financial documents
- Do your homework, understand how divorce works in Ontario
How to Avoid A Messy Divorce
- Seriously consider mediation before lawyer litigation
- If at all possible, stay out of the Family Courts
- Gather and organize your financial documents
- Do your homework, understand how divorce works in Ontario
When you live together and share parenting responsibilities, you typically don’t need to explicitly lay out rules or guidelines because you are naturally working together. However, things change when you’re separated and not parenting together.
Don’t fall into the trap of thinking a Parenting Plan isn’t crucial, and you can figure it out as you go. Children thrive with structure, and most separated parents find it helpful to have clear and agreed-upon guidelines. This not only benefits the kids but also minimizes potential conflicts and drama between parents.