Highlights of the Child Support Guidelines

Parent's Obligation to Support A Child
Parents are liable for the support of their children before and after a separation. A child who is not the natural child of one of the spouses may still be entitled to be supported by that person if treated as a child of their family. In these situations the application to the Court for child support should be made as soon as possible after the relationship has ended.

A support order is never absolutely final. If there is a significant change in circumstances, either party can return to the Court to ask to have the support order varied. Before making an application to the Court to vary a support order, you should consult a lawyer, who can advise you on whether you have proper grounds to have the support order changed. All circumstances should be considered including the income tax implications of a support variation.

Introduction of the Child Support Guidelines
In 1997, governments changed the way child support is determined. Before the changes, there was no single method used by the courts to determine an appropriate amount of child support. The judge hearing the case would make a decision based on all the facts of the case and judicial discretion played a big role. The amount of child support was based on the needs of the children and the ability of the parent to pay support. Child support guidelines were introduced in response to criticism that child support awards were inconsistent. The guidelines consist of a set of rules and tables for calculating the amount of support that a paying parent should contribute toward his or her children. The guidelines set the amount of support payable by a table amount based on the payor's income with no consideration of either the recipient's income or the actual expenses of the children. The table amounts are based on the average costs of raising a child. These guidelines applies to all support cases in Ontario.

Highlights of the Child Support Guidelines
The guidelines have a table showing the child support payable depending on the payer's income (the payee's income is not considered), the number of children and the province in which the support payor lives.
Child support is to be awarded according to the applicable guidelines and tables.
The Court may make a support order on consent. If the amount of the child support is different from the table amount, the Court must be satisfied that the arrangements are reasonable, and "where support for the child is payable out of public money," the Court must find that "the arrangements do not provide for an amount less than the amount that would be determined in accordance with the child support guidelines." In determining whether the order requested is reasonable the guidelines are advisory, and not presumptive, enabling the Court to approve an amount that is different from the guidelines amount.
The table amounts are calculated on the basis that they are not subject to tax in the hands of the recipient.
For guidelines purposes, income is the total, current, taxable income adjusted by making the deductions and additions described in Schedule III.
The amount of support for a child under the age of majority is to be a table amount plus an amount, if any, for special or extraordinary expenses.
Special or extraordinary expenses are limited to expenses in the following categories: (1) child care expenses, (2) medical and dental insurance premiums for the child, (3) health-related expenses that exceed insurance reimbursement by at least $100 annually, (4) extraordinary expenses for primary and secondary school, (5) expenses for post-secondary education, and (6) extraordinary expenses for extracurricular activities. Special or extraordinary expenses are determined in the discretion of the Court after considering the necessity and reasonableness of the expense having regard to the means of the spouses and those of the child and the family's pattern of spending during cohabitation. Special or extraordinary expenses are to be "shared by the spouses in proportion to their respective incomes after deducting from the expenses, the contribution, if any, of the child."
Where the payer's income is $150,000 or less a year, the basic amount for child support is the table amount regardless of the income of the payee.
Where the payor's income is more than $150,000 a year, the basic amount for child support is the table amount plus a fixed percentage of the income in excess of $150,000, or the table amount for the first $150,000 plus an amount determined in the discretion of the Court after taking into consideration the needs of the child and the financial ability of both payer and payee.
Where the spouse stands in the place of a parent (is not a biological or adoptive parent), the amount of child support is in the discretion of the Court.
The amount of support for a child over the age of majority is to be either:
the amount determined in accordance with the table as if the child were under the age of majority; or
if the table amount is inappropriate, an amount in the discretion of the Court having regard to the needs/ means of the child and the financial ability of each spouse.
Where custody is "split" between the parents with each parent having the custody of one or more children, the amount of support is to be the difference between the amount that each spouse would otherwise pay if a child support order were made against each of the parents.
Parents have "shared custody" of a child when a child is physically with each parent not less than forty percent of the time during the year. If "shared custody" exists under the Guidelines, the amount of the child support order is determined by taking into account the amounts set out in the applicable tables for each of the spouses, the increased costs of shared custody arrangements, and the needs and means of each spouse and of any child of the marriage for whom support is sought.
Where undue hardship results from applying the guidelines amount, the Court may order a different amount. Before a Court can adjust the award for undue hardship, the Court must find that the parent applying has a lower household standard of living than the other parent. One method for comparing the standards of living is set out in a schedule to the guidelines: Schedule II. This amount could be more or less than the table amount. Circumstances that a Court may consider in determining hardship are
• high family debts;
• unusually high costs of exercising access;
• obligations to support other persons.
If a child support order has been made, the recipient spouse may request and obtain income documents and information from the other spouse every year. Where a parent receives child support and his or her income is used to determine the amount of support, that parent must produce to the other parent income documents and information not more than once a year.
The Family Law Act imposes a limitation period of two years from the date of separation in which to apply for spousal support, but this provision does not apply where child support has been given priority over spousal support. There is no limitation period for spousal support under the Divorce Act.
Child support is given priority over spousal support.
The Family Law Act provides that "the Court may disregard any provision of a domestic contract or paternity agreement pertaining to a matter respecting the support of a child where the provision is unreasonable having regard to the child support guidelines, as well as to any other provision relating to support of the child in the contract or agreement."
If you are paying or receiving child support or if you are asking for or being asked to pay child support, you should speak to a lawyer regarding your individual circumstances. Your choice of legal counsel is a critical and personal decision. The firm you select should be committed to your business and personal needs.

Revision Date: Oct. 31

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