Child Support Services
in Ontario
Child support is one of the most common legal issues that arise after separation or divorce. It can arise when you are establishing support for the first time and can become a problem when you are updating an existing arrangement. In child support the correct amount does not only depend on income alone; it is determined under the applicable child support guidelines and legal framework.
Foote Law helps clients across Ontario resolve child support disputes. We help resolve income disclosure, parenting schedules, section 7 expenses, arrears, support variations, and enforcement through the Family Responsibility Office (FRO).
Child Support in Ontario: Federal and Provincial Rules
- Divorce proceedings: They are governed by the Federal Child Support Guidelines
- Non-divorce matters: They are determined by Family Law Act and the Ontario Child Support Guidelines
- Children have a legal right to financial support from their parents, and that obligation continues after separation
Common Errors With Child Support
A child support amount may be incorrect from the outset or become outdated over time. Common issues include:
Common Errors With Child Support
- incorrect income calculations
- incomplete financial disclosure
- the wrong guideline table being used
- parenting schedule changes
- improper treatment of section 7 expenses
An error early in the process can affect support obligations for years.
We Help Set Child Support Correctly From the Start
In most cases, child support begins with the applicable table amount based on:
- the payor’s income
- the number of children
- the province or territory whose table applies
Income For Child Support Purposes
Many child support cases are fundamentally disputes about income.
We assist clients with matters involving:
- incomplete financial disclosure
- self-employment income
- corporate or business income
- cash or irregular earnings
- bonuses, commissions, and non-standard compensation
- imputed income claims
When income information is inaccurate or incomplete, the resulting child support amount is often incorrect as well.
Section 7 Expenses Require Separate Analysis
Section 7 expenses are separate from basic table child support. They have their own legal analysis.
Section 7 expenses may include the following:
- daycare and child care costs
- uninsured medical or dental expenses
- educational expenses
- extracurricular activities
The legal issues involved in Section 7 include:
- how the expense should be shared between parents
- whether the expense is necessary and reasonable
- whether the expense qualifies under section 7
Parenting Time Can Affect Child Support
Changes in parenting arrangements can significantly impact child support calculations.
Support issues commonly arise where:
- there is split parenting involving multiple children
- parenting time approaches or exceeds the 40% shared parenting threshold
- parties disagree about the actual parenting arrangement
- parenting schedules have changed over time
When parenting time changes, child support may need to be reassessed.
Child Support Orders Can Be Changed
Existing child support orders remain legally enforceable until formally changed through the proper legal process.
Support may need to be updated annually and when:
- income has changed
- arrangements is changed
- financial disclosure was inaccurate or incomplete
- the current amount no longer reflects the parties’ circumstances
- updated guideline tables apply
Retroactive Support, Arrears
& Enforcement
Retroactive Support and Arrears
Retroactive child support claims and arrears disputes can quickly become complex, especially where support should have been adjusted earlier.
We assist clients with:
- enforcement-related complications
- arrears disputes
- support reduction requests
- retroactive support claims
- historical income reviews
Delay often makes these matters more difficult and worse when enforcement proceedings have begun.
FRO Enforcement Issues
Ontario’s Family Responsibility Office (FRO) is responsible for collecting and enforcing support payments. However, FRO cannot change the support amount. Only the court can vary an existing order or agreement, unless it is with the consent of the parties.
If the current support amount is incorrect, it must be formally changed legally.
Online Recalculation Services Are Not Suitable for Every Case
In qualifying cases Ontario’s Child Support Service can be calculated or recalculated online. However, many cases still require legal representation, especially where there are:
- income problem
- section 7 disputes
- parenting-time issue
- retroactive claims
- non-disclosure issues
- arrears or enforcement complications
These issues often determine the outcome of the case.
Who Qualifies For Child Support?
- a child of the marriage or relationship
- dependent adult children
- children for whom you have stood in the place of a parent
- blended family situations
It depends on the specific facts and how the law and Guidelines apply to the case.
Cross-Border Child Support Matters
Child support obligations continue even when one parent lives outside Ontario or outside Canada.
Cross-border cases often involve the following:
- international enforcement procedures
- recognition and enforcement of foreign orders
- reciprocating jurisdictions
- jurisdictional disputes
- required legal documentation and process
Important Note
- These matters often require careful procedural and legal analysis from the outset
How Foote Law Can Help
Child support disputes are rarely just about whether support should be paid. The real issues usually involve:
The Real Issues Usually Involve
- the correct support amount
- income disclosure
- parenting arrangements
- section 7 expenses
- arrears and enforcement
- whether an existing order should be changed
Foote Law Assists Clients Across Ontario With
- determining the amount of child support
- responding to support claims
- income and disclosure disputes
- section 7 expense disputes
- shared and split parenting calculations
- retroactive support claims
- arrears disputes
- variation applications
- FRO-related matters
- cross-border child support cases
