How to Get Child Support in Ontario

Instead of relying on family law courts or lawyers to get a child support arrangement in place.  Determining who gets child support, who pays what, and when for child support is daunting for separating couples. Although many opt for court rulings (often advised by their lawyers), an informal agreement between both parents could be more satisfactory. This article explores different ways to agree on child support, ensuring a fair solution for both parents and the well-being of the dependent children.
Child Support Guidelines

How to get child support without family lawyers or court

Reaching Child Support Agreement through Informal Settlement Negotiations

To make this work, both parents must cooperate in addressing issues relating to the amount of child support and the frequency and duration of payments. Parents can often handle these negotiations themselves without needing a lawyer, provided they are willing and able to collaborate. Notably, the agreement should be written and the terms clearly to both parties. Determining child support can often lead to disagreements between separating parents. In such cases, third-party assistance like mediators can be helpful. However, it is essential to ensure any alternatives to guideline child support are fair, meet the child’s needs, and respect each parent’s legal rights.

 

Resolving Child Support Issues through Mediation

Child support mediation can effectively address disputes over child support. The success of this alternative approach depends on the depth of disagreement between the parents and their willingness to find a solution collaboratively. Mediation, also known as Alternative Dispute Resolution (ADR), fosters a less formal and adversarial environment, which many believe aids in early settlements. It enables parents to actively participate in finding solutions to disagreements over child support payments rather than leaving the decision to a third party like a Family Court Judge. Arbitration is a more structured ADR option where a neutral party reviews the evidence and arguments presented by each parent before deciding based on the facts.

How to Calculate Ontario Child Support

When parents decide to separate, financial support for children is a primary concern. Both parents’ annual earnings are considered to calculate child support in Ontario. The Federal Department of Justice provides a child support guidelines calculator to determine the base amount of support that reflects parental income and the number of children involved. However, other expenses and extraordinary circumstances may also influence the final amount. For parents receiving income assistance or self-employed, seeking professional advice is recommended to ensure the child support agreement accurately reflects their income situation.

How is Support Calculated in Shared Custody Cases?

With shared parenting, child support calculations differ when children spend equal time (or at least 40%) with both parents. In most cases, the amount is calculated based on annual household income. To calculate Ontario child support in these cases, follow the same steps as with sole custody, but do it for both parents and then calculate the difference.

Determining Support in Split Parenting Cases

In split parenting situations, where each parent takes care of one or more of the children most of the time, child support is calculated based on the difference between both parents’ amounts, considering their annual earnings and the number of children living with the other parent.

Child Care in Child Support

Before finalizing a child support amount, additional or extraordinary costs such as child care, tutoring, post-secondary education, and medical expenses not covered by insurance are considered. These are often called “section 7 expenses” and must be included in your child support agreement.

How to Calculate Ontario Child Support

When couples with children decide to part ways, one of the issues that is always at top of mind is support. Who pays it, how much will it be per month, etc. So, how do you calculate Ontario child support payments?  Link to child support tables for Ontario and other provinces in Canada

How is Child Support Calculated?

In cases where both partners have reached an agreement with regards to where the child will be living, you will need to start working out a child support payment that is fair. If a child is spending all (or the majority) of their time with one parent, the child support will be received by that parent. In order to determine the amount of child support, the annual earnings of both parents will be considered. This means total annual income, prior to the deduction of taxes. In many cases, this simply means looking at the amount on your income tax return. However, in cases where your job situation seems very complicated, you own your own business for example, getting legal advice or assistance from a Divorce Financial Analyst is never a bad idea. Once you have established the annual earnings of the paying parent, it’s fairly easy to determine child support using the Ontario child support guidelines calculator on the Federal Department of Justice website. You can find this tool under the Child Support Table Look-up for the province or territory where the paying parent lives. Fill out the boxes to get a general idea of the amount of child support that will be required each month. This tool has been designed to be in line with Child Support Guidelines to ensure that children are receiving adequate care and that the amount fairly reflects parental income. Keep in mind, however, that this amount is just a guideline. Separated parents will need to take other expenses into consideration, and there may be extraordinary circumstances or special expenses that will also be taken into account. If you happen to be a parent who is receiving some form of income assistance, be sure to get some professional advice from anyone at child support services. This will ensure every arrangement pertaining to child support accurately reflects your income situation.

Do you pay child support if you have 50/50 custody Ontario?

Why do I have to pay child support with joint custody?

With shared parenting, when children are spending an equal amount of time (or at least 40%) with both of their parents, child support is calculated differently, child support is based on household income. Unless the separation agreement stipulates otherwise, child support will still be paid, even though the parenting is shared. In most cases, the amount is, as with sole custody cases, calculated depending on annual household income. To calculate Ontario child support in these cases, follow the same steps as you would with a sole custody case (use the Ontario child support guidelines calculator), but do it for both parents. Once you’ve arrived at the monthly payments for child support, calculate the difference. The parent who earns more pays child support to the other parent using an offsetting calculation.  Here’s an example. Joseph and Emily have 2 children, and are sharing the parenting responsibilities. Their children will spend half their time with Joseph and half their time with Emily. Emily earns $67,000 a year, which, according to the child support calculator, means an estimated monthly payment of $1021. Joseph earns $59,000 annually. This results in an estimated payment of $899 per month. If this were a sole custody case, those amounts would have to be paid to the parent with whom the children are spending their time. However, because this is a shared parenting case, you calculate the difference ($1021 – $899 = $122), and the parent who earns more pays the parent who earns less. So, in this example, Emily would have to pay Joseph $122 per month.

Determining Child Support Amounts When Parenting Has Been Split

A split parenting arrangement is when there are 2 or more children and each parent will be taking care of one (or more) of the children most of the time. For example, there are 2 children, and each parent has 1 of the children the majority of the time (or at least 60% of the time) Again we turn to the Ontario child support calculator. In this case, both parties input annual earnings as well as how many children are living with the other person (rather than how many children there are in total). The amount of child support paid in a split parenting situation is the difference between both amounts. Here’s an example: Helen and Mark have 3 children. After the separation, the parents have decided that the two oldest children are going to live primarily with Mark, while the youngest child will be staying primarily with Helen. Mark inputs his earnings ($73,000) and enters one child. That is the child who isn’t staying with him. The calculator says Mark’s payment is $681 per month. Helen inputs her own earnings ($48,000) and enters 2 children. Those are the 2 children she isn’t living with. Her total payment is $725 per month. To determine the amount to be paid, and to whom, calculate the difference. Based on this, Helen will have to pay Mark $44 per month.

Is Child Care part of Child Support

Before reaching a final child support amount, you will also need to consider any additional/extraordinary costs/expenses (Section 7 Expenses). These are paid by each parent, in proportion to their annual income, in addition to the regular child support amounts discussed above. Extra expenses like child care, tutoring, post-secondary  education and dental & medical not covered by a plan are known as extraordinary/special expenses, and are often referred to as “section 7 expenses.” These costs will need to be included in your agreement for child support.

Extraordinary & Special Expenses - aka Section 7 Expenses

The Federal Government defines “special or extraordinary expenses” also known as Section 7 Expenses as expenses that are:

  • necessary because they are in the child’s best interests; and
  • reasonable given the means of the parents and the child and in light of the family’s spending patterns before the separation.

Section 7 expenses may include things like:

  • medical or dental insurance premiums
  • health expenses not covered by insurance
  • post-secondary education
  • expenses for extracurricular activities

You, as the separating parents, will determine if these expenses are reasonable and necessary. Once you’ve reached that decision, certain factors are examined to establish amounts payable, such as:

  • income
  • the nature and number of the programs and extracurricular activities
  • the overall cost of the programs and activities

Once this has been done, both of you will reach a decision on how much will be paid for such expenses over time. Typically the amounts will be in proportion to income. Here’s an example:

Candice and Peter have reached an agreement about sharing their son’s soccer expenses. Candice earns $60,000 per year, while Peter earns $40,000. This means they are both earning a total of $100,000, with Peter earning around 40% and Candice 60%. According to the “proportion rule,” Peter will cover 40% of the soccer expenses. The remaining 60% will be covered by Candice. If the soccer expenses happen to be $100 per year, Peter is expected to pay $40 while the remaining $60 will be covered by Candice.

How does child support work in Canada

When couples split, and the thorny question of child support has to be tackled, expect disagreement. Very few spouses are able to sail through the process and agree on everything. More often than not, there will be disputes, and that’s when you need to call in third-party help in the form of mediators or lawyers, preferably mediators. But in this situation, another option is often laid on the table by one of the spouses, and at the time it seems appealing because it presents a way past the stresses and expense of a court hearing, Usually, it will be the parent who is due to pay guideline child support who will suggest another option. It could be:

  • An agreement to split expenses 50/50
  • An offer of payments towards the house or car instead of child support
  • An offer to split expenses on mutually agreed terms

Often, there is no malice intended with these suggestions. It’s just one spouse hoping to find an alternative to the cold and calculated guideline child support. They may not fancy the idea of fixed monthly payments, preferring a more meaningful role in the raising of their children. Or they may be seeking a more flexible arrangement that would allow both parents to help out as and when they can, and to respond to any unexpected requirements without involving lawyers and judges.

Do you have to pay child support?

These are all plausible reasons for seeking alternatives to guideline child support. However, in my experience, there’s a more subtle and perhaps more sinister reason why a parent will suggest an alternative. And that’s because they want to continue to control their spouse, and pay less money to do so.

Final Thoughts

Navigating the complexities of child support in Ontario can be a daunting task. The federal child support guidelines provide a base amount for child support payments, but the actual amount can vary based on factors such as the paying parent’s income, the number of children involved, and special and extraordinary expenses like music lessons. Child support is a legal duty, not just a moral one. Whether you’re the biological parent, adoptive parent, or step-parent, if you have dependent children, you may be obligated to pay child support. The Family Responsibility Office (FRO) can enforce child support orders if the paying parent fails to meet their obligations. It’s important to remember that child support is about more than just money. It’s about providing financial support to ensure the well-being of the child. The child support agreement, whether determined through a court process or a separation agreement, is designed to serve the best interests of the child. If you’re self-employed or facing undue hardship, it’s crucial to consult with a family law attorney or a divorce mediator to understand your rights and responsibilities. The court can adjust the amount of child support in certain circumstances, but it’s not a decision to be taken lightly. In conclusion, whether you’re the parent paying support or the one receiving child support, it’s essential to understand the child support guidelines and your legal rights. Remember, the ultimate goal is to ensure the child’s well-being and financial stability. It’s not just about the money owed, but about the future of your family. Remember, every situation is unique. If you’re unsure about anything, it’s always best to seek legal advice. The law can be complicated, but with the right guidance, you can navigate it effectively.

At DTSW

We understand that navigating the complexities of child support and family law issues can be overwhelming. You’re not alone in this journey. Our team of professionals at Divorce the Smartway (DTSW) is here to help. We know that every situation is unique, and we’re committed to providing personalized guidance tailored to your specific circumstances. We believe in crafting clear and straightforward separation agreements that ensure a smooth transition towards a secure future. Our approach sidesteps the excessive conflicts, confusion, and costs often associated with these processes. We’re here to help you understand your responsibilities and rights, whether you’re the parent paying support or the one receiving child support. We know you’ve come to this webpage because you’re seeking answers. You’ve taken the first step in seeking help, and we commend you for that. It’s a brave step, and we’re here to walk with you every step of the way. We invite you to reach out to us. Let’s start a conversation about how we can support you during this challenging time. We offer the option to collaborate via video conference or in-person at any of our six Greater Toronto mediation centers, located in Aurora, Barrie, North York, Vaughan, Mississauga, and Scarborough. Don’t navigate this journey alone. Let our team of professionals guide you towards a secure future. Schedule a Get Acquainted Call today. We’re here to help.

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About the Author:
Ken Maynard ADFA, Acc.FM

I assist intelligent and successful couples in crafting clear and straightforward separation agreements, ensuring a smooth transition towards a secure future. This is achieved in four meetings or less, sidestepping the excessive conflicts, confusion, and costs often associated with legal proceedings. You have the option to collaborate with me via video conference or in-person with a DTSW associate at any of our six Greater Toronto mediation centers, located in Aurora, Barrie, North York, Vaughan, Mississauga, and Scarborough.

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