Support

In Ontario, child support usually starts with a table amount set by the paying parent's income and the number of children, plus a share of certain special expenses (Child Support Guidelines, s. 3 and s. 7). Spousal support is different: there is no table in the law, so a court first decides whether a spouse is entitled to support and only then works out how much and for how long.

This page explains both kinds of support, the rules that most often change the figures, and what to do if you are about to pay or receive support for the first time. Each topic links to a longer guide. Support questions often overlap with property division and parenting arrangements. Our practice areas page shows how they fit together.

Every parent has an obligation to support an unmarried child who is a minor, who is enrolled in a full-time program of education, or who cannot leave the parents' care because of illness, disability or another cause (Family Law Act, s. 31(1)). The obligation does not extend to a child who is 16 or older and has withdrawn from parental control (s. 31(2)).

1. Work out each parent's income. Income generally starts from the line for total income on the tax return, with adjustments the Guidelines set out. A court can impute income to a parent who is intentionally unemployed or under-employed, among other situations (s. 19). Our guide to what counts as income for support covers the adjustments.
2. Find the table amount. For children under the age of majority (18 in Ontario), the basic amount comes from the table for the number of children and the paying parent's income (s. 3(1)). The Government of Canada publishes a look-up tool for the 2025 tables. Above $150,000 of income, a court has more room to decide the amount on the portion over that figure (s. 4). Our page on how child support is calculated walks through an example.
3. Add special or extraordinary expenses. Child care costs, the child's share of health and dental premiums, health costs over $100 a year that insurance does not cover, extraordinary school and extracurricular costs, and post-secondary costs can be added and shared (s. 7(1)). See special or extraordinary expenses.
4. Adjust for the parenting schedule. If each parent has the child at least 40 per cent of the time over a year, the amount is set by looking at both parents' table amounts, the added costs of shared parenting time, and each household's circumstances (s. 9). Our guide to child support with shared parenting explains the calculation.
5. Put it in an agreement or order. Parents can agree in a written, signed and witnessed separation agreement (s. 55(1)), or ask a court for an order. Court orders for support are filed with Ontario's Family Responsibility Office (FRO) automatically.
6. Update it every year. A parent whose income is used to set the amount must give the other party their tax return and notice of assessment each year, within 30 days after the anniversary of the order (s. 24.1). See yearly income disclosure.

Which guidelines apply depends on the case. In a divorce, the Divorce Act uses the Federal Child Support Guidelines unless both parents live in a province designated to use its own (s. 2(1), "applicable guidelines"). Ontario's Child Support Guidelines (O. Reg. 391/97) apply to claims under the Family Law Act. The two follow the same structure. A divorce cannot be granted until the court is satisfied that reasonable arrangements have been made for the children's support (Divorce Act, s. 11(1)(b)).

Every spouse has an obligation to support themselves and the other spouse, in accordance with need and to the extent they are able (Family Law Act, s. 30). For support purposes, "spouse" includes unmarried partners who lived together continuously for at least three years, or in a relationship of some permanence if they are the parents of a child (s. 29). That is wider than the property rules, which cover married spouses only.

A court looks at the goals of support: recognizing a spouse's contributions to the relationship and its economic consequences, sharing the economic burden of child support, helping a spouse become self-supporting, and relieving financial hardship (s. 33(8); Divorce Act, s. 15.2(6)). It then weighs a long list of circumstances, including each spouse's means now and in the future, age and health, the length of the relationship, and the effect that caring for children or the household had on a spouse's career (s. 33(9); Divorce Act, s. 15.2(4)).

The amount and length are often worked out with the Spousal Support Advisory Guidelines. The Department of Justice describes them as not law, but notes that judges often base their decisions on them and lawyers use them to settle cases. Start with who is entitled to spousal support. Our guide to the amount of spousal support explains how it is worked out. A separate guide covers how long spousal support lasts.

• Income is hard to see. Self-employment, corporate income, cash work and large bonuses all need adjusting, and a court can impute income where a parent is under-employed, exempt from tax, or has not provided income information (s. 19). See our guide to imputing income.
• The schedule is close to equal. Once each parent reaches 40 per cent of parenting time over a year, section 9 replaces the simple table amount. Counting the time accurately matters.
• The table amount would cause undue hardship. A court can order a different amount if paying the table amount would cause undue hardship, for example because of unusually high debts or support for other children, but only if the paying household would not have a higher standard of living than the other (s. 10). See undue hardship.
• The child is over 18. Support can continue for a child in full-time education. A court can apply the table, or set a different amount based on the child's means, needs and circumstances (s. 3(2)). See child support after 18.
• There is an agreement. A court can set aside a support provision or waiver in a domestic contract if it results in unconscionable circumstances, if the dependant relies on public assistance, or if payments are in default (FLA, s. 33(4)).
• Circumstances change. Job loss, a new partner, retirement or a child moving homes can justify a variation. See changing or ending spousal support.
• Support was never paid for past periods. Claims for past support are possible but depend on the facts. Our guide to retroactive child support sets out what courts consider.

For example, imagine a hypothetical couple, Dana and Chris, who lived together for six years without marrying and have two children. The children live mostly with Chris. Dana earns $95,000 a year from employment and Chris earns $45,000.

Child support starts with the table amount for two children at Dana's $95,000 income, which Dana pays to Chris each month. The children's daycare is a special expense under section 7(1)(a). The Guidelines' guiding principle is that such costs are shared in proportion to the parents' incomes, so after any tax benefit, Dana would usually pay about two thirds and Chris about one third.

Spousal support is a separate question. Because they lived together for more than three years, Chris counts as a spouse for support purposes (s. 29), even though they never married. Whether Chris is entitled depends on need and on what the relationship cost Chris economically, for instance years of part-time work to care for the children. If entitlement is found, the advisory guidelines would be used to suggest a range, calculated after child support is accounted for.

If Dana's schedule later grew to five nights out of every fourteen, Dana would have about 36 per cent of the time, still under 40, so the table amount would still apply. The example is invented and gives no actual dollar result. It shows the order in which the questions are asked.

• Trying to trade child support for parenting time. Child support is for the child. A court can disregard a child support term in an agreement that is unreasonable having regard to the Guidelines (Family Law Act, s. 56(1.1)).
• Not separating child and spousal support in the agreement. For tax purposes, any amount not identified as solely for the spouse is treated as child support (Income Tax Act, s. 56.1(4)), which can cost the payer the deduction. See support and taxes.
• Stopping or reducing payments on your own. An order stays in force until a court changes it, and the Family Responsibility Office can suspend a driver's licence or garnish a bank account when payments fall behind. See what happens if support is not paid.
• Skipping the yearly income update. Section 24.1 makes it a standing obligation. Missing it is a common source of later disputes.
• Waiting for the case to finish before asking for support. Courts can make interim orders while a case is under way (Divorce Act, s. 15.1(2) and s. 15.2(2); FLA, s. 34(1)). See support before the case is decided.
• Assuming a common-law partner has no claim. Three years of living together is enough for spousal support in Ontario. See spousal support for common-law partners.

1. Gather your last three tax returns and notices of assessment, and recent pay stubs.
2. Write down the actual parenting schedule for the past few months, night by night if you can.
3. List the children's regular costs: child care, health, activities and school.
4. Look up the table amount on the Government of Canada's 2025 child support look-up as a first estimate.
5. Keep paying, or keep a record of what you receive, until an agreement or order says otherwise.
6. Note the date you separated and the date you started living together; both matter for spousal support.
7. Book a consultation before you agree to a number, especially for spousal support.

We prioritize clarity, fairness and efficiency, making sure support obligations are calculated accurately and negotiated effectively. Child support follows clear legal guidelines, so our work there is getting the income right and the expenses complete. Spousal support usually involves negotiation, and we help you understand your rights and obligations, keep disputes to a minimum, and reach an arrangement that protects your financial well-being, whether you are seeking support or being asked to pay it. You can meet our team before your first call.

Support rarely stands alone. The parenting schedule drives child support, so our parenting time and decision-making page is often the next stop. Married couples will also deal with separation and divorce.

Can we agree to no child support?

Parents can agree to an amount, but a court can disregard a child support term that is unreasonable having regard to the Guidelines (FLA, s. 56(1.1)). In a divorce, the court must also be satisfied that reasonable arrangements for the children's support have been made (Divorce Act, s. 11(1)(b)).

Does child support stop at 18?

Not always. The age of majority in Ontario is 18 (Age of Majority and Accountability Act, s. 1), but the obligation continues for an unmarried child in a full-time program of education, or one who cannot leave the parents' care because of illness or disability (FLA, s. 31(1)).

Does cheating affect spousal support?

Under the Divorce Act, a court cannot consider misconduct in making a spousal support order (s. 15.2(5)). Under Ontario's Family Law Act, support exists regardless of conduct, but the amount can reflect a course of conduct so unconscionable that it is an obvious and gross repudiation of the relationship (s. 33(10)).

Who collects support if the other parent does not pay?

Ontario court orders for support are filed with the Family Responsibility Office automatically. FRO collects and distributes payments and can take enforcement steps such as garnishing bank accounts or suspending a driver's licence.

Is there a deadline to ask for spousal support?

There is no limitation period for a support claim under the Family Law Act (Limitations Act, 2002, s. 16(1)(c)). Waiting can still hurt a claim in practice, because evidence fades and a court may be reluctant to reach far back.

Can support be changed later?

Yes. Child support moves with income, and either kind of support can be varied when circumstances change in a material way. Agreements can include their own review terms.

Do I pay tax on the support I receive?

Child support under an agreement or order made after April 1997 is generally not taxable to the recipient. Periodic spousal support under a written agreement or court order is generally taxable to the recipient and deductible by the payer (Income Tax Act, s. 56.1 and s. 60).

We serve families across Toronto from our office at 401 Bay Street. Our Toronto family court guide explains which court hears which case. Divorce and property cases are heard at the Superior Court of Justice family court on University Avenue. Support and parenting cases can also be heard at the Ontario Court of Justice family courts at 47 Sheppard and 311 Jarvis.