Child support in Ontario is governed by the Federal Child Support Guidelines (for married parents) and an equivalent provincial regulation (for unmarried parents). The Guidelines establish table amounts — a schedule of monthly support based on the payor's gross annual income and the number of children. These amounts are not suggestions; they are the presumed correct amount in most cases.
The table amount is determined by three variables: the province of the payor parent, the payor's gross annual income, and the number of children entitled to support. There is no judicial discretion about the table amount in ordinary circumstances — if the payor earns $90,000 and there are two children in Ontario, the table amount is what it is. For an online calculator, check out https://mysupportcalculator.ca/calculator
In addition to the table amount, both parents share certain additional expenses proportionate to their respective incomes. These are called "section 7 expenses" or "special and extraordinary expenses" and include: childcare costs arising from employment or education; health and dental expenses not covered by insurance; extracurricular activities (in some circumstances); and post-secondary education costs. Section 7 expenses are shared in proportion to each parent's income, not split equally.
If the payor parent has the children at least 40% of the time, the standard table amount does not automatically apply. Instead, the court (or the parties) consider both parents' table amounts, the increased costs of shared custody, and the actual financial circumstances. This often results in a lower net payment, but the calculation is more complex.
If a parent is voluntarily unemployed or underemployed, the court can attribute income to them — that is, calculate support as if they were earning what they're capable of earning. This prevents one parent from reducing their support obligations by deliberately earning less.
Child support cannot be waived by the recipient parent; it belongs to the child, not to either spouse. Agreements that purport to waive child support, or that set amounts substantially below the table, are generally not enforceable.
This is a general overview. For advice specific to your situation, contact Sheard Law at 416-860-9990 or use our intake form.
