Child Support

Child support
Table of Contents
(I) What is child support? 10
1. Decide who pays child support
Child support is separate from access
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2. Calculate the income of the payor parent
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3. Figure out who is a dependent child
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4. Calculate the table amount of child support
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(II) Who pays child support? 15
Parents
Who the law says is a parent
Number of parents
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Adoptive parents
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Step-parents and others with a parent-like relationship with the
child
A parent-like relationship
When another parent is already paying child support
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(III) How much child support must be paid? 20
1. Figure out the basic table amount
Calculate income
Pick the right table
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2. Decide if there are special or extraordinary expenses
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3. Decide if there are reasons for less support
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Child support
4. Think about retroactive support

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5. Think about children over the age of majority
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(IV) What are special or extraordinary expenses? 27
1. Show the expense is reasonable
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2. Show the expense is necessary
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3. Figure out if your child is a dependent
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4. Divide the expense
Share financial information
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(V) When can a parent pay less child support? 32
Step-parents
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Shared Custody
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Split Custody
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Undue hardship
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Children over the age of majority
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(VI) My partner isn't paying child support. What should I do? 38
1. Talk to your partner
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2. Get help from a family law professional
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Child support
3. Get help from the Family Responsibility Office

You have a court order or Notice
You have a separation agreement
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4. Go to court
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(VII) What if my partner is paid in cash or is hiding money to
avoid paying child support? 44
Hidden income
1. Find out how much your partner makes
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2. Get evidence that your partner has more income
Working for cash
Unemployed or underemployed
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5. Ask the court to impute income
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(VIII) When does child support end? How do I end it? 50
1. Check what your agreement or court order says
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You have a court order
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3. Contact the Family Responsibility Office
There is an end date
There is no end date
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4. Go to court to end child support
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Child support
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(IX) Is child support taxed? 56
Tax rules for spousal support
Check the date of your agreement or order
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Check the amounts for spousal support and child support
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Look for legal fees you can deduct from taxes
You receive child support
You pay child support
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Child support gets paid before spousal support
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(X) Does getting child support affect my income support from the
Ontario Disability Support Program? 61
When the new rule applies
Trying to get child support
Reporting child support payments
Applying to ODSP
If you get ODSP and live with your parent
1. Learn more about getting child support
What child support is and who pays it
If parents agree
If parents don't agree
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2. Tell ODSP about child support payments
Reporting child support payments when you're on ODSP
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3. Learn the rules for child support owed before January 1,
2017
Child support owed before the new rule
What you have to pay back
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4. Get legal help if you need it
Help getting child support
Help if you have a problem with ODSP
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Child support
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(XI) Does getting child support affect my financial assistance
from Ontario Works? 67
Applying to OW
If parents agree
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2. Tell Ontario Works about child support payments
Reporting child support payments when you're on OW
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3. Learn the rules for child support owed before February 1,
2017
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Help if you have a problem with OW
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(XII) What should we do if we agree on child support? 73
Use the online child support service
1. Agree on the terms of child support
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2. Make a separation agreement the court can enforce
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3. Get your own independent legal advice
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4. Sign your separation agreement
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5. Think about filing your separation agreement with the court
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Child support
(XIII) What should we do if we can't agree on child support? 79

Online child support service
Family law professionals
Go to court
Changing the process
1. Think about your options
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2. Start the ADR process
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3. Go to court
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(XIV) Can I use Ontario's online Child Support Service? 84
Fees
If you can't use the service
1. Figure out if the payor parent earns complex income
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2. Decide if you're asking for more than the table amount
Table amount
Special or extraordinary expenses
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3. Use the Child Support Service
Get your documents
Pay the fee
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4. Get your Notice of Calculation
Get your Notice of Calculation
A mistake on your Notice of Calculation
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5. Learn about the Family Responsibility Office
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(XV) How can child support be changed? 90
Separation agreement or court order
Notice of Calculation
Make a new separation agreement
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Child support
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Get help from a family law professional
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Use the Child Support Service
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Go to court
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(XVI) How do I change child support in my separation
agreement? 97
1. Make a new separation agreement
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4. Go to court to change support
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(XVII) How do I change child support in my court order? 103
1. Find out if your order has been assigned
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2. Agree to change your court order
Take your forms to court
Get your order
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(XVIII) Can I use Ontario's online Child Support Service to
change child support? 109
Fees
1. Figure out if you can use the service
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Child support

Other reasons
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Get your documents
Pay the fee
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3. Get your Notice of Recalculation
Get your Notice of Recalculation
A mistake on your Notice of Recalculation
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(XIX) How do I bring a motion to change child support? 115
1. Pick the right court
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2. Fill out your court forms to start the motion
Give your partner a copy
File your documents
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3. Get your partner's response
Your partner agrees with you
Your partner does not agree with you
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4. Continue with the court process
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(XX) How does the Family Responsibility Office enforce child
support? 121
Register with the FRO
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Make support payments through the FRO
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Child support
Paying support through the FRO

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Get help from the FRO
You receive support
You pay support
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Avoid a default hearing or driver's licence suspension
Default hearing
Driver's licence suspension
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End payments through the FRO
Withdraw your case
End support payments
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(XXI) I haven't paid child support. How do I get a refraining order
to stop the FRO from having my driver's license suspended?
129
1. Fill out your court forms
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2. Give your forms to the FRO
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3. Take your forms to court
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4. Confirm your court date
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5. Go to your court hearing
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Child support
(I) What is child support?

The law says that parents are responsible for financially supporting their dependent children.
Dependent usually means until the child turns 18 and sometimes longer.
A parent can be a birth parent, a non-birth parent, an adoptive parent, and sometimes a step-parent.
Generally, child support is money paid by the parent that spends the least amount of time with the
child to the parent who takes care of the child most of the time. It is used to help cover the costs of
caring for the child.
Even if your child spends an equal amount of time with each parent, the parent with the higher
income may still have to pay some child support.
The parent who pays support is called the payor parent.
You and your partner can try to reach an agreement about child support before going to court. You
can use the Child Support Guidelines and the Government of Canada's child support tables to see
how much child support a judge might order.
The tables show the basic monthly amounts of child support to cover expenses like clothes,
groceries, and school supplies. It is based on the gross annual income of the payor parent and the
number of children they have to support. There is a separate table for each province and territory.
There are other factors that may affect the amount of child support a judge might order. For
example:
• special or extraordinary expenses, like daycare that are not covered in the table amount
• the type of parenting arrangement, such as shared custody or split custody
• undue hardship or financial difficulties that make it very hard for the payor parent to pay
child support
• retroactive support with a start date before the date of the court order
• children over the age of majority, which means 18 years old or older
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Child support
1. Decide who pays child support

The law says that parents are responsible for financially supporting their dependent children. A
parent can be a birth parent, a non-birth parent, an adoptive parent, and sometimes a step-parent.
The parent who pays child support is called the payor parent.
Parents must support their children even if they:
• do not live with the children
• do not see the children
• are not married to the other parent
• did not live with the other parent
• did not have an ongoing relationship with the other parent
• have other children from a new relationship

The right to child support and access are two different things. They are both rights of the child. A
parent cannot be denied access to their child because they do not pay child support. And a parent
who does not have access may still have to pay child support.
You can only refuse to allow access in limited situations, such as if you're afraid for your child's
safety. You may have to call child protection services if you believe your child is being abused by
your partner or someone in their home. If you're in this situation, get help right away.
You can talk to a lawyer who can tell you what to do to keep your children safe. If you can't afford
to hire a lawyer, you may be able to find legal help in other places.
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Child support
2. Calculate the income of the payor parent

Basic monthly amounts of child support are set out in the Child Support Guidelines and the
Government of Canada's child support tables. It is based on the gross annual income of the payor
parent and the number of children they have to support.
Gross income means income before taxes and most other deductions. There are two ways to find
this amount:
• Look at line 150 of the payor parent's income tax return or notice of assessment from the
Canada Revenue Agency.
• Look at pay stubs for a full year and add up the earnings before deductions.
Payor parents must give detailed information about their income. This can include:
• income tax returns and notices of assessment
• pay stubs or statements from employers
• financial statements of any business they own
• statements from employment insurance, social assistance, a pension, worker's compensation,
or disability payments
• proof of income from a trust
Sometimes these documents do not show the whole picture of what the payor parent makes or could
be making. This can be because they are trying to avoid paying child support by:
• working for cash
• not actively looking for a job
• being underemployed by only working part-time or in a low paying job
• not reporting all their income
• giving false information
In these situations, you can ask the judge to impute income. This means asking the judge to decide
that your partner earns more than they say or can earn more.
A judge imputes income based on what the payor parent is capable of earning or what the judge
thinks the payor parent actually earns. The judge looks at things like their work history, past
income, education, lifestyle, and job opportunities.
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Child support
3. Figure out who is a dependent child

A child is not a dependant if they:
• marry, or
• are at least 16 years old and leave home ("voluntarily withdraw from parental control").
Withdrawal from parental control means your child decides not to live with you anymore and not to
follow your rules. The withdrawal from parental control must be voluntary. This means your child
cannot be forced to leave.
For example, if your child is "kicked out" or if the living conditions at your home is so bad that
your child is forced to leave, the withdrawal is not voluntary. You will continue to be responsible for
supporting your child.
A child who is over the age of majority, which means 18 years old or older, may still be dependent
if they cannot support themselves because they:
• have a disability or illness, or
• are going to school full-time.
In the case of disability or chronic illness, a child over the age of majority can remain dependent for
their entire life.
In the case of post-secondary students, a child who is diligently pursuing (not just enrolled in) their
first undergraduate degree or diploma is generally in need of support until they finish school. This
usually lasts until the child turns 22 or gets a degree or diploma. Sometimes support can be ordered
to allow the child to get more than one degree.
If the judge finds that a child over the age of majority should receive child support, they can order
the table amount or something different. The child may also have to contribute to their expenses.
This depends on the facts of your case.
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Child support
4. Calculate the table amount of child support

parent and the number of children they have to support.
When calculating the table amount of support, the income of the parent receiving support is usually
not relevant. The table amount assumes that the parent who is caring for the child most of the time
contributes to their financial support.
There is a separate table for each province and territory. If the payor parent lives in a province or
territory other than Ontario, use the table for that province or territory. If the payor parent lives
outside of Canada, and the other parent in Ontario, use the Ontario table.
There is an online calculator at the Child Support Table Look-up that can help you figure out the
table amount of child support.
The tables only show the basic monthly amount of child support that cover things like:
• a share of the rent or mortgage to cover the cost of the child's housing
• bills for household expenses
• groceries
• clothes
• toiletries
• haircuts
• school supplies
example, there may be additional expenses, called special or extraordinary expenses, like daycare
that are not covered by the table amount.
Or, sometimes a parent may not have to pay child support or may pay less than the table amount of
child support. For example:
• the payor parent is a step-parent
• the type of parenting arrangement is either shared custody or split custody
• the payor parent has undue hardship or financial difficulties that make it very hard for them
to pay child support
• the child is over the age of majority, which means 18 years old or older
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Child support
(II) Who pays child support?

When parents do not live together, the parent who cares for the child for the least amount of time
usually pays child support to the parent who cares for the child most of the time. If a child spends
an equal amount of time with each of their parents, the parent with the higher income may still have
to pay some child support.
The parent who pays child support is called the payor. A payor can sometimes be a step-parent or
other person who had a parent-like relationship with the child.
• have other children from a previous or new relationship
In some situations, a parent may receive child support and income assistance. Income assistance
includes Ontario Works and Ontario Disibility Support Program.

The right to child support and access are two different things. They are both rights of the child. A
safety. You may have to call child protection services if you believe your child is being abused by
your partner or someone in their home. If you're in this situation, get help right away.
Talk to a lawyer who can tell you what to do to keep your children safe. If you can't afford to hire a
lawyer, you may be able to find legal help in other places.
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Child support
Parents
All parents have a responsibility to financially support their dependent children. It doesn't matter if
they are the birth parent or a non-birth parent. And, more than one parent can have a legal duty to
pay child support for the same child.
But step-parents or other people who have a parent-like relationship with the child are treated
differently from parents and might not have the same financial responsibility.
Deciding who is a parent can sometimes be complicated. A lawyer can help you understand your
legal rights and responsibilities.
Who the law says is a parent

On January 1, 2017, the law was changed to recognize the legal status of all parents. The law no
longer defines who is a parent based only on biology. This means a parent doesn't need to have a
genetic connection to a child if they intended to be a parent prior to the child's conception.
The changes recognize that parents can be LGBTQ2+ or straight. Their sexual orientation doesn't
matter. Lesbian, gay, bisexual, transsexual, transgendered, intersexual, queer, questioning, two-
spirited, and heterosexual people have equal rights as parents.
The law was also updated to take into account that a child can be born from assisted reproduction,
not just from sexual intercourse. Examples of assisted reproduction are a child born by a surrogate
or by using a donor's egg or sperm.
The person who gave birth to the child is the birth parent. Most of the time, the birth parent is a
parent of the child.
In some situations involving surrogacy, the person who gave birth to the child is not a parent. If you
are thinking of using a surrogate or becoming a surrogate, you should talk to a lawyer about making
a written agreement about who will be a parent before the child is conceived.
In most cases, if the child is the result of sexual intercourse, the person whose sperm resulted in
the child being born is also a parent. This person will not be a parent at birth if there is a written
agreement saying they did not intend to be a parent. The agreement must be signed before sexual
intercourse.
The birth parent's married or common-law partner is usually a parent. If the sperm that resulted
in the child was not from the partner, the partner must agree to be a parent of the child before the
pregnancy. The partner does not need to be genetically related to the child to be a parent. They also
do not need to adopt the child or get a court declaration that they are a parent.
In some cases, the law assumes a person is a parent unless they prove they are not. For example, the
law assumes that the birth parent's married or common-law partner is a parent of a child who is the
result of sexual intercourse. The spouse might be able to show that they should not be a parent by,
for example, taking a blood or DNA test.
If people disagree about who is a parent, they can go to court. The court can make a declaration of
parentage. This means the court decides whether or not a person is a parent to a child.
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Child support
Number of parents
The law has changed to recognize that sometimes there will be more than 2 parents. Up to 4 people
can agree on who will be the parents of the child, without needing a court order. This written
agreement must be made before the start of pregnancy.
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Child support
Adoptive parents
If you adopt a child, you take on all the legal rights and responsibilities to the child. This includes
the responsibility to support the chlld financially.
If adoptive parents separate, the law treats them like any other parent. This includes getting or
paying child support. It does not matter if the parents were married or in a common-law
relationship.
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Child support
Step-parents and others with a parent-like relationship with the child

The law says that a person may be responsible for paying child support if they "stood in the place of
a parent" to the child. This means that they had a parent-like relationship with the child. This might
be, for example, a step-parent or the partner of a parent.
A parent-like relationship
The court looks to see if the person has a parent-like relationship with child. For example:
• How does the child feel about their relationship with the person?
• Does the child take part in the extended family in the same way as any other child?
• Does the person provide financially for the child to the best of their ability?
• Does the person discipline the child?
• Does the person talk about themselves in the family and community as a responsible parent
to the child?
• What relationship (if any) does the child have with the parent who does not have custody?
It does not matter if the partners are married or in a common-law relationship. If the court finds that
the step-parent had a parent-child relationship with the child, they may have to pay child support.
When another parent is already paying child support

A step-parent might have to pay child support even when another parent is already paying child
support. More than one parent can have a legal duty to pay child support for the same child. For
example. the birth parent and a step-parent might both pay child support for the same child.
But, the court may order the step-parent to pay an amount of child support that is different from the
Child Support Guidelines and the Government of Canada's child support tables.
Some judges look at the table amount and deduct the birth or biological parent's support from the
step-parent's support. Other judges order the step-parent to pay the full table amount.
The judge makes a decision based on the facts of your situation.
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Child support
(III) How much child support must be paid?

Usually child support is money paid by the parent that spends the least amount of time with the
Even if your child spends an equal amount of time with each of you, the parent with the higher
income may still have to pay some child support.
You and your partner can try to reach an agreement about child support before going to court. You
can use the Child Support Guidelines and the Government of Canada's child support tables to see
how much child support a judge might order.
The tables are based on the gross annual income of the payor parent and the number of children
they have to support. There is a separate table for each province and territory.
The tables show the basic monthly amounts of child support to cover expenses like clothes,
groceries, and school supplies. It is the payor parent's contribution to meet the child's basic needs,
just as if they were living with the child.
The table amount assumes that the parent who is caring for the child most of the time contributes to
their financial support.
example:
• special or extraordinary expenses, like daycare that are not covered in the table amount
• the type of parenting arrangement, such as shared custody or split custody
• undue hardship or financial difficulties that make it very hard for the payor parent to pay
child support
• retroactive support with a start date before the date of the court order
• children over the age of majority, which means 18 years old or older
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Child support
1. Figure out the basic table amount

parent and the number of children entitled to support.
The income of the parent receiving support is usually not relevant. The table amount assumes that
the parent who is caring for the child most of the time contributes to their financial support.
There is an online calculator at the Child Support Lookup that can help you figure out the table
amount of child support.
The tables only show the basic monthly amount of child support that cover things like:
• a share of the rent or mortgage to cover the cost of the child's housing
• bills for household expenses
• groceries
• clothes
• toiletries
• haircuts
• school supplies
Calculate income
this amount:
Payor parents must give detailed information about their income. This can include:
• statements from employment insurance, social assistance, a pension, worker's compensation,
or disability payments
Pick the right table

There is a separate table for each province and territory to reflect different tax rates between
provinces and territories.
If the payor parent lives in a province or territory other than Ontario, use the table for that province
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Child support
or territory. If the payor parent lives outside of Canada, and the other parent in Ontario, use the
Ontario table.
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Child support
2. Decide if there are special or extraordinary expenses

Some expenses are not covered in the basic monthly amount of child support. These are called
special or extraordinary expenses and can include:
• extracurricular activities such as competitive sports classes
• child care expenses to allow the parent who looks after the child to go to work or school so
they can get a job
• medical and dental insurance premiums
• health expenses such as prescriptions and eyeglasses
• educational expenses, including post-secondary education or private school fees
If you're the parent claiming these expenses, you have to show that they are reasonable given your
family's financial circumstances. This means you and your partner can afford it.
You must also show that they are necessary because they are in the best interests of the child. The
court looks to see if these expenses were part of the family's spending pattern before separation. For
example, was your child enrolled in private school and did they go to summer camp every year
before separation.
Even if the expense was not part of your spending pattern before separation, the court can still
decide it is in your child's best interests, if you and your partner can afford it.
In most cases, both parents contribute to special expenses based on how much they make. So, if
both you and your partner make roughly the same amount of money, you split the cost of special
expenses equally.
If your child is over the age of majority, which means 18 years old or older, and still a dependent,
they may also have to contribute to their special expenses. If a child makes a contribution, it is
deducted before the expense is divided between the parents.
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Child support
3. Decide if there are reasons for less support

Sometimes a parent may not have to pay child support or may pay less than the table amount of
child support.
The court looks at the facts of your case to see if:
• there is a parenting arrangement like shared custody or split custody
• the payor parent has undue hardship or financial difficulties that make it very hard for them
to pay child support
• there is a child over the age of majority, which means 18 years old or older
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Child support
4. Think about retroactive support

If you're the parent the child lives with most of the time, you can apply to court for child support at
any time after separation.
If you and your partner try to make a separation agreement without going to court but are not
successful, you can ask for retroactive support. This means asking the court to decide on the amount
of support and to order that it be back-dated.
Usually, a retroactive child support order can go back to the date that you gave the payor parent
effective notice.
Effective notice is the date you told your partner they should pay child support. For example, you
may have asked your partner for child support the day after you separated. It's a good idea to ask for
support in writing so that you have proof that you asked for it.
The court generally limits retroactive support to the past 3 years. It can be longer if the payor parent
hid increases in income or ignored child support obligations.
The court looks at things like these:
• Why was the application for support delayed?
• How has the payor parent behaved during this time?
• What was the child's life like in the past and what is it like now?
• Will awarding retroactive support cause hardship to the payor parent?
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Child support
5. Think about children over the age of majority

The law says that both parents are responsible for financially supporting their dependent children.
• marry, or
their entire life.
the table amount or something different. The issue for children over the age of majority is whether
the table amount should be reduced, and if so, by how much.
The court looks at things like:
• How much can the child contribute to their expenses?
• If the child is studying away from home, how many months are they not living with a
parent?
• Is the child in school full-time or part-time?
• If the child is going for a second degree or diploma, will it help them get a job after
graduation?
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Child support
(IV) What are special or extraordinary expenses?

Special or extraordinary expenses are childcare expenses that are not included in the basic monthly
amounts of child support. These expenses are sometimes called section 7 expenses.
Child support is money paid by the parent that spends the least amount of time with the child to the
parent who takes care of the child most of the time. It is used to help cover the costs of caring for
the child.
The Child Support Guidelines and the Government of Canada's child support tables set basic
monthly amounts of child support. The tables are based on the gross annual income of the payor
parent and the number of children they have to support. There is a separate table for each province
and territory.
The tables show the basic monthly amounts of child support, also called the table amount. The table
amount pays for things like your child's clothes, groceries, and school supplies.
Special or extraordinary expenses are extra expenses not covered in the table amount. These
expenses may include:
• child care fees, such as daycare, to allow the parent who looks after the child to go to work
or school
• the part of medical and dental insurance premiums the other parent pays to cover their child
• the child's health expenses, such as orthodontics, prescriptions, eyeglasses, counselling, or
hearing aids
• reasonable and extraordinary expenses for school or educational programs to meet the
child's particular needs, such as tutors or private school fees
• expenses for post-secondary education
• reasonable and extraordinary expenses for the child's extracurricular activities, such as
competitive sports classes
These expenses must be reasonable and necessary. Steps 3 and 4 explain when an expense is
reasonable or necessary.
There is no checklist to see if an expense is special or extraordinary. Every expense is decided based
on your family's financial situation. You and your partner can decide if an expense is special or
extraordinary.
In most cases, both parents help pay for their child's special expenses based on their income. So, if
both you and your partner make roughly the same amount of money, you divide the cost of special
expenses equally.
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Child support
1. Show the expense is reasonable

If you're the parent asking for special or extraordinary expenses, you have to show that the expense
is reasonable.
When deciding if an expense is reasonable, the court looks at your family's financial situation. This
includes things like:
• both your incomes
• the basic monthly amount of child support being paid
• the number of extracurricular programs your children go to
• the total cost of these programs
• whether these expenses were part of your family's spending pattern before you separated
This means the court looks to see if you and your partner can afford the cost.
It also looks at the spending patterns of the family before you separated to see if the expense was
something the family paid for. For example, the court will want to know whether your child went to
private school or summer camp before you separated.
Even if the expense was not part of your family's spending pattern before you separated, the court
can still decide to allow the expense, because:
• it is in your child's best interests, and
• you and your partner can afford it.
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28
Child support
2. Show the expense is necessary

If you're the parent asking for special or extraordinary expenses, you have to show that the expense
is necessary.
This means the expense is in the best interests of your child because they have a special talent or
need extra help.
For example, it may be in your child's best interest to go to competitive swimming lessons because
they are talented swimmers, or to get tutoring because they need help with math.
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Child support
3. Figure out if your child is a dependent

Your child has to be dependent if you want your partner to share their special or extraordinary
expenses.
A child is not a dependent if they:
• marry, or
• are at least 16 years old and leave home, which is also known as "voluntarily withdraw from
parental control".
follow your rules. The withdrawal from parental control must be voluntary. This means the child
For example, if the child is "kicked out" or if the living conditions at the parent's home is so bad
that the child is forced to leave, the withdrawal is not voluntary. The parents are still responsible for
supporting the child.
their entire life.
In the case of post-secondary students, it is generally accepted that a child who is studying for their
first undergraduate degree or diploma is in need of support until they finish school. The child has to
be studying and not just enrolled in the program.
This support usually lasts until the child turns 22 or gets a degree or diploma. Sometimes support
can be ordered to allow the child to get more than one degree.
the table amount or something different. The child may also have to contribute to their expenses.
This depends on the facts of your case.
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Child support
4. Divide the expense

In most cases, both parents share the cost for their child's special or extraordinary expenses based
on their incomes.
For example, if you and your partner have roughly the same incomes, you divide or share the
special or extraordinary expense equally. But if your income is double your partner's income, then
you pay double what your partner pays.
You and your partner can also agree to share the expenses in a different way.
If your child is over the age of majority, that is, 18 or older, and still a dependent, they may also
have to contribute to their special expenses. If your child is paying a part of their special or
extraordinary expenses, that amount is subtracted before the parents divide the expense.
Share financial information

You and your partner have to share honest and complete information about your income before
deciding how to divide special or extraordinary expenses.
You can share this information in many ways. For example, you could use a computer spreadsheet
or a handwritten document that has all your financial information. Or, you can fill out one of the
financial statement court forms.
Many people use these forms even if they don't go to court. The forms can be useful because they
show you what the court looks at when deciding your support issues.
The person asking for special or extraordinary expenses should also list:
• each expense and explain what it is for
• the total cost
• the date payments are due
• any other relevant information
• receipts
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31
Child support
(V) When can a parent pay less child support?

Usually child support is the money paid by the parent that spends the least amount of time with the
A parent can be a birth parent, a non-birth parent, an adoptive parent, and sometimes a step-parent.
• have other children from a new relationship
Sometimes a parent may not have to pay child support or may pay less than the basic monthly
amount of child support set out in the Child Support Guidelines and the Government of Canada's
child support tables.
The court looks at the facts of your case to see if:
• there is a custody arrangement like shared custody or split custody
• either parent has undue hardship
• the child is over the age of majority, that is, over 18 years old
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Child support
Step-parents
The law says that step-parents may be responsible for paying child support where the child is a
"child of the marriage" and the step-parent treated the child as a member of their own family.
The court looks to see if the step-parent has a parent-like relationship with their partner's child. For
example:
• How does the child feel about their relationship with the step-parent?
• Does the child take part in the extended family in the same way as a biological child?
• Does the step-parent provide financially for the child to the best of their ability?
• Does the step-parent discipline the child?
• Does the step-parent talk about themselves as a responsible parent to the child, the family,
and the larger community?
• What relationship does the child have with their absent biological parent?
It does not matter if the partners are married or in a common-law relationship.
Step-parents can pay child support even when the absent biological parent is already paying child
support. This means that more than one parent can have a legal duty to pay child support for the
same child.
But, the court may order the step-parent to pay an amount that is different from the Child Support
Guidelines and the Government of Canada's child support tables.
Some judges look at the table amount and deduct the biological parent's support from the step-
parent's support. Other judges order the step-parent to pay the full table amount. The judge makes a
decision based on the facts of your situation.
For example, the more time that passes after separation and the end of the relationship, the less
likely the court may order the step-parent to pay child support. This is especially true if the social
and emotional relationship with the child has ended.
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Shared Custody
If your child lives with you and your partner for about the same amount of time over the year, this
kind of custody arrangement is called shared custody or shared care.
This means spending at least 40% of the time with each parent. Time is generally calculated by
counting the number of hours the parent is responsible for the child, not the number of hours the
parent is physically with the child.
For example, the time the child is at swimming lessons or school is credited to the parent who is
responsible for the child during that time.
The court usually decides the amount of child support by first looking at the table amount for each
parent based on their gross annual income. Gross income means income before taxes and most other
deductions. There are two ways to find this amount:
• Look at line 150 income on the income tax return or notice of assessment from the Canada
Revenue Agency.
Usually, the court then subtracts the smaller amount from the larger amount. This amount is called
the set off. The parent who would pay more in child support pays the set-off to the parent who
would pay less in child support.
The court may also take into account the increased costs of shared custody on each parent, and the
situation of each parent to meet those costs when deciding child support.
Example: George and Eva have shared custody of their daughter. George's gross income is
$70,000. Eva's gross income is $40,000.
Using the Ontario Child Support Tables, George would have to pay monthly child support of $654
based on his gross income of $70,000 for one child. Eva would have to pay monthly child support
of $359 based on her gross income of $40,000 for one child.
The monthly difference between $654 and $359 is $295. George pays Eva $295 in monthly child
support for their daughter.
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34
Child support
Split Custody
If you and your partner each have one or more of your children living with you most of the time,
this kind of custody arrangement is called split custody.
The court usually decides the amount of child support by first looking at the table amount for each
parent based on their gross annual income and the number of children living with the other parent.
this amount:
• Look at line 150 income on the income tax return or notice of assessment from the Canada
Revenue Agency.
The court then subtracts the smaller amount from the larger amount. The parent who would pay
more in child support pays the difference to the parent who would pay less in child support.
Example: Charmaine and Louis have three children. When they separated, they agreed that two of
the children would live with Charmaine most of the time, and the other child would live with Louis
most of the time.
Charmaine's gross income is $70,000. Louis's gross income is $40,000. Using the Ontario Child
Support Tables, Charmaine would have to pay monthly child support of $654 based on her gross
income of $70,000 for the one child living with Louis. Louis would have to pay monthly child
support of $597 based on his gross income of $40,000 for the two children living with Charmaine.
The difference between $654 and $597 is $60. Charmaine pays Louis $57 in monthly child support.
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35
Child support
Undue hardship
The term undue hardship means that financial difficulties are making it very hard for the payor
parent to pay the amount of child support set out in the Child Support Guidelines and the
Government of Canada's child support tables.
Or, it can mean that the parent receiving child support is finding it very hard to support the child
with the table amount.
Some reasons for undue hardship are:
• You have an unusual or excessive amount of debt.
• You have to make other support payments to children of another family.
• You are supporting a disabled or ill person.
• You have to spend a lot of money to have access to the child.
Undue hardship is difficult to prove.
The court uses a "Household Standards of Living Test". The court compares the standard of living
in your household with your partner's household.
The court compares all the money coming into your house, including income from a new partner, to
the money coming into the other parent's house. This is the only time that the income of a new
partner is relevant.
If you can show that the standard of living in your household is less than the other parent's, you may
be successful. But, if you have a higher standard of living than the other parent's household, you
cannot get a reduction in child support payments.
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Child support
Children over the age of majority

• marry, or
A child who is over the age of majority, that is, 18 or older, may still be dependent if they cannot
support themselves because they:
their entire life.
the table amount or something different. The issue for children over the age of majority is whether
the table amount should be reduced, and if so, by how much.
The court looks at things like:
• How much can the child contribute to their expenses?
• If the child is studying away from home, how many months are they not living with a
parent?
• Is the child in school full-time or part-time?
• If the child is going for a second degree or diploma, will it help them get a job after
graduation?
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Child support
(VI) My partner isn't paying child support. What should I do?

Even if you have a separation agreement or court order about child support, sometimes the payor
parent doesn't follow it.
The court can enforce child support payments in a:
• court order
• separation agreement that is binding and enforceable under the law
The Family Responsibility Office (FRO) can also enforce child support payments if there is a:
• court order
• separation agreement that is filed with the court and registered with the FRO for
enforcement
• Notice of Calculation or Notice of Recalculation filed by the government
The FRO is a government agency that collects support directly from the person who has to pay
support, keeps a record of the amounts paid, and then pays that amount to the person who has to get
support.
The FRO can help collect money from a payor parent who lives in Canada, any state in the United
States, and about 30 other countries that Ontario has an agreement with. These are called
reciprocating jurisdictions.
If Ontario doesn't have an agreement with the country where the payor parent lives, the FRO cannot
help you collect support. You will have to use the laws of the country where the payor lives. A
lawyer may be able to help you do this.
You can talk to a lawyer who can review your documents and your situation to advise you on what
to do and what you have to do to protect your child's rights. If you can't afford to hire a lawyer, you
may be able to find legal help in other places.

The right to child support and access are two different issues. They are both rights of the child. A
safety. You may have to call your local children's aid society if you believe your child is being
abused by your partner or someone in their home. If you're in this situation, get help right away.
38
Child support

You can try talking to your partner about why they are not paying child support. You can talk to
your partner on your own or with the help of a lawyer or mediator.
You may also be able to speak to someone your partner respects and trusts. This could be a family
member, a friend, a colleague, or a religious advisor. Ask them to speak to your partner and explain
the impact that missed payments can have on your children.
Remind your partner that:
• Child support is paid for the benefit of the children, not you.
• Every parent has a duty to financially support their children.
Talking to your partner may not be an option where there is a history of partner abuse.
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Child support

If you and your partner need help to talk about why one of you is not following your separation
agreement, court order, Notice of Calculation, or Notice of Recalculation, you can get help from a
family law professional. These are neutral people who are trained to work with both of you to help
you reach an agreement or make a decision for you.
Family law professionals can work in:
• mediation
• arbitration
• mediation-arbitration
• collaborative family law
• parenting coordination
All of these processes are sometimes called alternative dispute resolution (ADR). They help solve
your issues without going to court. Deciding which process is best for you depends on the facts of
your situation and what you want. For example, a mediator doesn't make decisions for you, but an
arbitrator does.
Your separation agreement or court order might even require that you first try a process like
mediation to work out your issues before taking any further steps like going to court.
Some of the reasons to use ADR instead of going to court are:
• You have more control over what happens to your case.
• It can be faster and cheaper.
• It can be less stressful.
• It takes place in a private setting.
But, there are some situations where it may be better not to use ADR, such as:
• There is a history of family violence, mental illness, or drug abuse.
• You can't talk to your partner.
• You can't work cooperatively with your partner.
Each family court location in Ontario offers subsidized mediation services. You can get up to 8
hours of mediation for a fee that is based on each person's income. You can use this service whether
or not your have a court case. And if you have a court case, you can get up to 2 hours of mediation
for free at the court.
You can also find mediators who offer their services at lower rates through JusticeNet. JusticeNet is
a not-for-profit that helps people in Ontario whose income is too high to get legal aid and too low to
afford standard legal fees.
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Child support
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Child support
3. Get help from the Family Responsibility Office

If you and your partner cannot agree on how to deal with missed payments, you can get help from
the Family Responsibility Office (FRO).
The FRO can take action to enforce support. For example, the FRO can take money from the payor
parent's bank account, suspend their driver's licence, or start a court case that can put them in jail.

If you have a court order, the court sends the order, the Support Deduction Order Information Form,
and the Support Deduction Order to the Family Responsibility Office (FRO).
If you have a Notice of Calculation or Notice of Recalculation, the government sends it to FRO.
The FRO writes to the payor parent's employer or any other place where they receive income. The
FRO tells the employer to deduct child support from the payor's cheque and send it to the FRO. The
FRO then sends the money to the parent receiving support.

Some people make a separation agreement without going to court and later need help enforcing it.
To get the FRO to enforce your separation agreement, you must:
1. Attach your most current separation agreement to a Form 26B: Affidavit for Filing Domestic
Contract or Paternity Agreement.
2. Take it to the local courthouse. You can file your agreement only at the Ontario Court of
Justice or the Family Court branch of the Superior Court of Justice. You cannot file your
agreement at other locations of the Superior Court of Justice.
3. Register it with the FRO.
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42
Child support
4. Go to court
Some people decide not to use the Family Responsibility Office (FRO) to enforce support for them.
They decide to go to court themselves to enforce their separation agreement or court order.
You can ask the court to do things like:
• Take money from your partner's bank accounts.
• Take money from your partner's retirement savings.
• Take money from your partner's wages or other income.
• Register the support order as a "charge" against your partner's property. This means they
can't sell it or transfer ownership until they pay any support owing.
• Take your partner's employer to court for not following a Support Deduction Order.
• Start a default hearing.
These are all things the FRO can do for you at no cost.
If you decide to do it yourself, you need to make a court application by filling out some forms. This
tells the judge why you should get the help you're asking for.
The forms you fill out depend on the type of help you want. For example, if you want to take money
from your partner's wages, you need to fill out a notice of garnishment.
You can talk to a lawyer to help you understand the different ways you can enforce your rights and
those of your children. If you can't afford to hire a lawyer for your whole case, some lawyers
provide "unbundled services" or "limited scope retainer" services. This means you pay them to help
you with part of your case.
If you can't afford to hire a lawyer at all, you may be able to find legal help in other places.
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Child support
(VII) What if my partner is paid in cash or is hiding money to avoid paying child support?
(VII) What if my partner is paid in cash or is hiding money to

avoid paying child support?
Usually child support is based on the gross annual income of the parent paying support and the
number of children they have to support. Gross income means income before taxes and most other
deductions.
The payor parent must give detailed information about their income. This can include:
• statements from employment insurance, social assistance, a pension, or worker's
compensation
Hidden income
Sometimes these documents do not show the whole picture of what the payor parent makes or could
be making. This can be because they:
• work for cash
• are not actively looking for a job
• are underemployed by only working part-time or in a low paying job
• are not reporting all their income
• are giving false information
• are self-employed and claiming deductions that are not true business expenses or keeping
money in their company that could be used for support
You partner might be doing these things to avoid paying child support or to pay less child support.
In these situations, you can ask the judge to impute income. This means asking the judge to decide
that your partner earns more than they say or can earn more.
A judge imputes income based on what the payor parent is capable of earning or what the judge
thinks the payor parent actually earns. The judge looks at things like their work history, past
income, education, lifestyle, and job opportunities.
44
Child support
1. Find out how much your partner makes

The amount of child support is based on your partner's gross annual income and the number of
children they have to support.
this amount:
Payor parents must give detailed information about their income. This is called financial
disclosure. It can include:
• income tax returns and notices of assessment for the last three years
• statements from employment insurance, a pension, and worker's compensation
It is very important that you get complete and honest information. You should not sign or agree to
anything until you're sure you have all the information you need.
Sometimes financial documents do not show the whole picture of what a partner makes or could be
making. This can be because they are hiding income.
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Child support
2. Get evidence that your partner has more income

There are ways to prove that your partner is not being honest about their income.
You can look for evidence that your partner's lifestyle does not reflect what they say they make. For
example, the value of their car or home may be higher than they can afford on the income they say
they earn.
If there is financial disclosure, credit card and bank statements will show how much your partner is
actually spending each month and what they buy.
If your partner is self-employed or owns their own business, copies of their financial statements will
show the kinds of deductions they make.
You can also hire a private investigator to follow your partner and collect evidence that shows they
work on a regular basis.
Working for cash

When you were living together, your partner may have been working for cash and putting the
money in a separate bank account. You can try to get copies of those bank statements. Or, you may
have copies of old bank statements.
If the cash income was used to pay for renovations to the house or for family vacations, get receipts
to prove this. This shows you were able to pay for things that would not have been possible with
just the income shown on your tax returns.
Unemployed or underemployed
Your partner may quit their job, take another job at a lower pay, or work part-time even though full-
time work is available.
If you think your partner is unemployed or underemployed on purpose, look for employment ads
related to their type of work in the newspaper or online. Or, you can ask others in the same type of
work about job opportunities that exist. This shows there are opportunities for your partner to work
more.
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46
Child support

You and your partner can try to agree on their gross income without going to court. You can talk to
your partner on your own, with the help of someone you both trust, or with the help of a lawyer or
mediator.
If you know your partner works for cash or is unemployed or underemployed on purpose, talk to
them about this. Tell them about the evidence you gathered.
Tell them if they are not honest you will ask the court to impute income. This means asking the
judge to decide that your partner earns more than they say or can earn more.
Also try to agree on a way to get updated information about the payor parent's income each year.
You can agree to get copies of their most recent income tax return or notice of assessment every
year. You can use this information to make sure the right amount of child support is being paid.
If you and your partner agree, you can put what you've agreed to in a separation agreement. This is
a written contract that you and your partner make.
Your separation agreement has to follow certain rules to make it binding and enforceable under the
law. This means your agreement is made in a way that allows the court to order you or your partner
to do what the agreement says, if either of you stop following it.
For example, the rules say before you sign your agreement, you must understand it, the process is
fair, and that you and your partner give complete and honest information about your finances.
Talking to your partner may not be an option where there is a history of partner abuse.
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47
Child support

If you cannot agree on your partner's income and child support, you can try getting help from a
• mediation
• arbitration
arbitrator does.
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48
Child support
5. Ask the court to impute income

If you think your partner is hiding income or not earning what they could, you can go to court and
ask the judge to impute income to your partner. This means asking the judge to decide that your
partner earns more than they say or can earn more.
The judge imputes income based on what your partner is capable of earning or what the judge
thinks your partner actually makes.
The judge does this by looking at your partner's:
• work history
• past income
• age
• skills
• education
• health
• job opportunities
• lifestyle
If the judge decides to impute income to your partner, they will use that amount to make decisions
about child support when applying the Child Support Guidelines and the Government of Canada's
child support tables.
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49
Child support
(VIII) When does child support end? How do I end it?

• marry, or
Even if your separation agreement or court order says when child support ends, the responsibility to
pay child support usually continues for as long as your child is a dependant.
When your child is no longer a dependant, you have to take steps to make sure the separation
agreement or court order is no longer being enforced. You may have to contact the Family
Responsibility Office if they are enforcing child support payments. Or, you may have to go to court
and bring a motion to change.

The right to child support and access are two different issues. They are both rights of the child. A
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Child support
1. Check what your agreement or court order says

Check to see if your separation agreement or court order says when child support ends.
For example, your separation agreement or court order may say that child support ends when your
child turns 18 years old. Or, it may say that child support ends when your child finishes high school.
But, the responsibility to pay child support generally continues for as long as your child remains a
dependent.
• marry, or
For example, if your child is "kicked out" or if the living conditions at your home is so bad that
your child is forced to leave, the withdrawal is not voluntary. You will continue to be responsible for
supporting your child.
their entire life.
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Child support

You and your partner can try to agree on whether child support should end. You can talk to your
partner on your own, with the help of someone you both trust, or with the help of a lawyer or
mediator.

If you and your partner agree to change or end the child support in your separation agreement, you
can make a new child support agreement.

If you and your partner agree to change or end the child support in your final court order, you do not
have go to court to have a judge make a decision for you. But you still need to file documents with
the court and get a new order based on your agreement.
You and your partner can agree to change child support on consent. The court then makes a consent
order based on your agreement.
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How to make a motion to change
52
Child support
3. Contact the Family Responsibility Office

You should keep making support payments until the Family Responsibility Office (FRO) tells you
in writing to stop. The FRO is a government agency that enforces child support and spousal
support.
There is an end date

If your separation agreement or court order:
• has a date when support payments end, and
• is registered with the FRO,
the FRO will stop enforcing support payments when that date has passed. You can write to the FRO
and remind them that the date is coming up soon. Tell them which paragraph in the agreement or
order has the date.
If your separation agreement or court order:
• has an event when support payments end, and
• is registered with the FRO,
the FRO will stop enforcing support payments when that event has passed. Write to the FRO and
give them proof that the event has happened, such as your child finishing college or university. The
FRO may contact your partner to confirm that the event has happened.
There is no end date

If your separation agreement or court order doesn't say when support payments end, you and your
partner must agree that it ends before the FRO will stop enforcing payments.
Fill out the Application to Discontinue Enforcement of Ongoing Support and tell the FRO why you
think child support should end. The FRO will contact your partner.
If your partner… Then the FRO…
doesn't agree that child support should end, will continue enforcing the separation
agreement or court order.
doesn't respond to the FRO, may stop enforcing payments or enforce a

lower amount of support.
doesn't respond to the FRO but later tells the may start enforcing payments again.
FRO that payments should not have ended,
agrees in writing to end support, will tell you in writing that you can stop
making support payments.
The FRO can't change any of the terms in your separation agreement or court order. They only try
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Child support
to make sure support is being paid.
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54
Child support
4. Go to court to end child support

If you and your partner can't agree to end child support, you can go to court and ask a judge to
decide. You do this by bringing a motion to change.
Going to court can be a complicated process and it can take a lot of time. It can be stressful and
expensive, but it is sometimes necessary to decide your issues. This family law court process
flowchart explains each step in a family law court case.
A motion to change is the name of the court process used to ask a judge to make changes to support
in your separation agreement or court order.
You have to tell the judge why you think your child is not a dependent. For example:
• Your child has finished school, married, or moved out on their own.
• Your child has a full-time job.
• Your child is living with the payor parent or a different person.
You can talk to a lawyer who can tell you if facts exist that may convince a judge that your
separation agreement or court order should be ended and help you through the process.
If you can't afford to hire a lawyer for your whole case, some lawyers will provide "unbundled
services" or "limited scope retainer" services. This means you pay them to help you with part of
your case.
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55
Child support
(IX) Is child support taxed?

Before May 1, 1997, payor parents could claim a deduction for making child support payments
from their income when they filed their income tax returns. And, parents receiving child support
payments paid taxes on child support as income.
Child support is no longer taxable. The current tax rules say that payor parents cannot claim a
deduction for making child support on their taxes. And, parents receiving child support are not
taxed on the child support they receive.
Child support always gets paid before spousal support.
Some legal fees for claiming child support are tax-deductible.
Tax rules for spousal support

The tax rules for spousal support are different than for child support.
The partner paying monthly spousal support can claim a tax deduction for making spousal support
payments. And, the partner receiving monthly spousal support is taxed on the support payments
they receive.
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Child support
Check the date of your agreement or order

Check the date of your separation agreement or court order to see if it was made before May 1,
1997.
Before May 1, 1997, payor parents could deduct child support from their income when they filed
their income tax returns. And, parents receiving child support paid taxes on child support as income.
Child support is no longer taxable. The current tax rules say that payor parents cannot claim a
deduction for making child support on their taxes. And, parents receiving child support are not
taxed on the child support they receive.
This income tax change applies to separation agreements or court orders made on or after May 1,
1997.
So if your order was made before May 1, 1997, the old rules apply unless you and your partner
agree to the current rules.
If you and your partner agree to keep the amount of child support the same and only want to change
how it is treated for tax purposes, fill out a T1157 Election For Child Support Payments form and
file it with the Canada Revenue Agency.
You May Also Need

T1157 Election For Child Support Payments
Canada Revenue Agency
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Child support
Check the amounts for spousal support and child support

Check your separation agreement or court order to see if there are separate amounts for spousal
support and child support.
Spousal support is tax-deductible for the support payor. The support payor can claim a deduction for
making monthly spousal support payments, and the partner receiving support is taxed on the
monthly spousal support they receive as income.
Child support is not tax-deductible for the payor parent. The payor parent cannot claim a deduction
for making child support payments, and parents receiving child support are not taxed on the child
support they receive.
Your separation agreement or court order should clearly show:
• how much is paid for spousal support each month
• how much is paid for child support each month
If your separation agreement or court order shows only one amount for both types of support, the
Canada Revenue Agency will treat the whole amount as child support.
This means the partner paying spousal support cannot claim a deduction on their taxes for making
monthly spousal support payments. And, the partner receiving spousal support does not have to pay
taxes on the monthly spousal support they receive.
You May Also Need

Registering your court order or written agreement
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Child support
Look for legal fees you can deduct from taxes
You receive child support

If you hired a lawyer to help you get child support, or to get an increase in the amount of child
support, some or all of your legal fees may be tax deductible.
Here are some examples of things that a lawyer charges you for that you might be able to claim as a
tax deduction:
• getting a child support order
• collecting late child support payments
• figuring out the amount of child support owing
• enforcing a child support order
• getting an increase in the amount of child support
You have to show how much of your lawyer's bill was for work on your child support claim. Ask
your lawyer for a letter to the Canada Revenue Agency that clearly shows how much you spent on
child support, as well as spousal support, if any.
You cannot claim a tax deduction for legal fees for work on:
• separation or divorce
• custody
• access
• dividing property
If you're claiming a deduction for legal fees, you may need help from a tax professional.
You pay child support

The legal fees you spend defending a claim for child support are not tax deductible.
You May Also Need

Support Payments Received
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Child support
Child support gets paid before spousal support

If you're paying both spousal support and child support, the money for the child must always be
paid first. There is no tax deduction on that money.
The Canada Revenue Agency considers anything you pay over and above the child support amount
in your separation agreement or court order to be spousal support. You can claim a tax deduction on
that.
This means missing even one child support payment can affect the amount you will have to pay in
income tax.
Example: Bill's separation agreement says he must make monthly payments of $400 ($4,800 a
year). Of this, $250 (or $3,000 a year) is child support. And, $150 (or $1,800 a year) is spousal
support. Bill pays $400 a month from January to August, for a total of $3,200. Then he stops
making payments for the rest of the year.
When Bill files his tax return, $3000 of the $3,200 he paid will be treated as child support
payments. He will only be able to deduct $200 for spousal support.
You May Also Need

What amount can I claim or report?
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Child support
(X) Does getting child support affect my income support from the Ontario Disability Support
Program?
(X) Does getting child support affect my income support from

the Ontario Disability Support Program?
There's a new rule that says child support payments *don't *affect the amount of income support
you get from the Ontario Disability Support Program (ODSP).
So, if you get child support, you get that money *and *your income support.
When the new rule applies

It applies starting January 1, 2017. But it only applies to child support payments that are owed for
periods of time that begin* on January 1, 2017*, or after that date.
And it has to be child support that the law says a person must pay. For example, someone might
have to pay child support because of a court order or an agreement.

ODSP will *not *say that you must try to get child support when you're getting or applying for
income support.
But the rule is different for spousal support.

Even when child support payments don't affect the amount of income support you get, you still have
to tell ODSP about them. See Step 2.
Applying to ODSP
ODSP does not count child support payments when they decide if you qualify for income support.
This is important because to qualify for ODSP, your income can't be more than a certain amount.
That amount depends on the number of people in your household and the cost of your housing.
If you get ODSP and live with your parent

Some adults who get ODSP live with a parent who gets child support for them.
Usually, parents don't pay child support for their children who are 18 or older. But support
payments may continue for an adult child who can't support themselves because they:
• are going to school full time.
If this applies to you, the child support payments your parent gets won't affect the amount you get
from ODSP.
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Child support
Program?

Child support payments that are owed for periods of time that begin on January 1, 2017, or after that
date, *don't *affect the amount of income support you get from the Ontario Disability Support
Program (ODSP).
So, if you get child support, you have more money because you get that money *and *your income
support.

Family law says that all parents must support their "dependent" children. Children are usually
dependent until they are at least 18 years old and sometimes longer.
And parents must provide financial support, even if they have never lived with their child. This is
true even if the parents have never been married to each other or lived together.
When parents don't live together, their child may live most of the time with one of the parents.
The parent the child lives with most of the time usually has most of the expenses of raising the
child. The other parent must help with those expenses by paying money to the parent the child lives
with. This is called "child support".
How much child support someone pays is usually based on the Child Support Guidelines.
If parents agree
Some parents can agree about child support without talking to a lawyer.
But it's still a good idea for:
• one of the parents to get a lawyer to put the agreement in writing, and
• the other parent to get a different lawyer to check it.
That way each parent can make sure that the agreement:
• means what they want it to mean
• protects their rights and their children's rights

If you and your child's other parent can't agree about child support, you have 2 options. You can:
• ask a family law professional to help you
• go to court and ask a judge to decide
Family law professionals are people who are trained to work with both of you so you can avoid
going to court. They can either help you make an agreement or make a decision for you. Sometimes
this is called alternative dispute resolution.
Step 4 talks about where to find help to get child support.
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Child support
Program?
You May Also Need

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Child support
Program?
2. Tell ODSP about child support payments

Child support payments *don't *affect the amount of income support you get from the Ontario
Disability Support Program (ODSP).
This rule started January 1, 2017. But it only applies to child support payments that are owed for
periods of time that start on January 1, 2017, or after that date.
You still have to tell ODSP about any child support payments that you get.
But ODSP does not count child support payments when they decide if you qualify for income
support.
Reporting child support payments when you're on ODSP

You need to report child support payments to ODSP.
If you get the same amount every month, you don't need to keep reporting it every month.
But if the amount you get goes up or down, you have to tell ODSP. You can do this by giving your
caseworker a copy of a new agreement or court order that shows the change.
You May Also Need
64
Child support
Program?
3. Learn the rules for child support owed before January 1, 2017
The rule that says child support payments *don't *affect your income support from the Ontario
Disability Support Program (ODSP) started January 1, 2017.
But the rule only applies to child support payments that are owed for periods of time on or after
that date.

For child support that's owed before January 1, 2017, the rule is different.
If you were getting income support for the period of time that the child support payment is for, you
have to pay ODSP back.
And you have to do this even if you get the support payment after January 1, 2017.

The general rule is that you have to pay back the same amount that you got as a support payment.
But you don't have to pay ODSP more than the amount you got from them.
If ODSP says that you have to pay money back and you don't agree, you may want to contact a
community legal clinic.
You May Also Need

Community legal clinics
Legal Aid Ontario
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Child support
Program?

You might need to get legal help to get child support or if you have a problem with the Ontario
Disability Support Program (ODSP).

You may want to start by getting more information.
There's a Family Law Information Centre (FLIC) in every courthouse that deals with family law.
All FLICs have free pamphlets. Many FLICs have staff who can give you information and refer you
to community agencies and legal services.
And advice lawyers from Legal Aid Ontario are at FLICs at certain times to answer questions, give
legal advice, and review legal documents. Contact your local FLIC to find out when a lawyer will
be there.
There are many other services to help people who can't afford a lawyer and need help with a family
law problem, like child support.
Read more about services you might be able to use in I can't afford a lawyer. Where else can I find
legal help?
Help if you have a problem with ODSP

If you have a problem with ODSP, you may want to get help to understand your rights and act on
them.
And if you disagree with a decision that ODSP makes, it's important to get help as soon as possible.
There may be things you can do. For example, you may be able to appeal to the Social Benefits
Tribunal.
And if ODSP says that you have to pay back assistance and you don't agree, you may want to
contact a community legal clinic.
You May Also Need

Family law
Legal Aid Ontario
Legal Aid Ontario
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Child support
(XI) Does getting child support affect my financial assistance from Ontario Works?
(XI) Does getting child support affect my financial assistance

from Ontario Works?
There's a rule that says child support payments *don't *affect the amount of financial assistance you
get from Ontario Works (OW).
So, if you get child support, you get that money *and *your financial assistance.
This is a new rule that applies starting February 1, 2017. But it only applies to child support
payments that are owed for periods of time that begin* on February 1, 2017*, or after that date.
And it has to be child support that the law says a person must pay. For example, someone might
have to pay child support because of a court order or an agreement.

OW will *not *say that you must try to get child support when you apply for assistance or while
you're getting assistance.
But the rule is different for spousal support.

Even when child support payments don't affect the amount of financial assistance you get, you still
have to tell OW about them. See Step 2.
Applying to OW
OW does not count child support payments when they decide if you qualify for financial
assistance.
This is important because to qualify for OW, your income can't be more than a certain amount. That
amount depends on the number of people in your household and the cost of your housing.
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Child support

Child support payments that are owed for periods of time that begin on February 1, 2017, or after
that date, *don't *affect the amount of financial assistance you get from Ontario Works (OW).
So, if you get child support, you have more money because you get that money *and *your
financial assistance.

Family law says that all parents must support their "dependent" children. Children are usually
dependent until they are at least 18 years old and sometimes longer.
And parents must provide financial support, even if they have never lived with their child. This is
true even if the parents have never been married to each other or lived together.
When parents don't live together, their child may live most of the time with one of the parents.
The parent the child lives with most of the time usually has most of the expenses of raising the
child. The other parent must help with those expenses by paying money to the parent the child lives
with. This is called "child support".
How much child support someone pays is usually based on the Child Support Guidelines.
If parents agree
Some parents can agree about child support without talking to a lawyer.
But it's still a good idea for:
• one of the parents to get a lawyer to put the agreement in writing, and
• the other parent to get a different lawyer to check it.
That way each parent can make sure that the agreement:
• means what they want it to mean
• protects their rights and their children's rights

If you and your child's other parent can't agree about child support, you have 2 options. You can:
• ask a family law professional to help you
• go to court and ask a judge to decide
Family law professionals are people who are trained to work with both of you so you can avoid
going to court. They can either help you make an agreement or make a decision for you. Sometimes
this is called alternative dispute resolution.
Step 4 talks about where to find help to get child support.
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Child support
You May Also Need

69
Child support
2. Tell Ontario Works about child support payments

Child support payments *don't *affect the amount of financial assistance you get from Ontario
Works (OW).
This rule started February 1, 2017. But it only applies to child support payments that are owed for
periods of time that start on February 1, 2017, or after that date.
You still have to tell OW about any child support payments that you get.
But OW does not count child support payments when they decide if you qualify for financial
assistance.
Reporting child support payments when you're on OW

You need to report child support payments to OW.
If you get the same amount every month, you don't need to keep reporting it every month.
But if the amount you get goes up or down, you have to tell OW. You can do this by:
• using the form that OW sends you each month with your cheque or your statement of direct
deposit
• giving your caseworker a copy of a new agreement or court order that shows the change
You May Also Need

As an Ontario Works client: Your rights and responsibilities
Ministry of Children, Community and Social Services
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Child support
3. Learn the rules for child support owed before February 1, 2017
The rule that says child support payments *don't *affect your financial assistance from Ontario
Works (OW) started February 1, 2017.
But the rule only applies to child support payments that are owed for periods of time that start on
February 1, 2017, or after that date.

For child support that's owed before February 1, 2017, the rule is different.
If you were getting financial assistance for the period of time that the child support payment is for,
you have to pay OW back.
And you have to do this even if you get the support payment after February 1, 2017.

The general rule is that you have to pay back the same amount that you got as a support payment.
But you don't have to pay OW more than the amount of assistance you got.
If OW says that you have to pay back assistance and you don't agree, you may want to contact a
community legal clinic.
You May Also Need

Legal Aid Ontario
71
Child support

You might need to get legal help to get child support or if you have a problem with Ontario Works
(OW).

You may want to start by getting more information.
There's a Family Law Information Centre (FLIC) in every courthouse that deals with family law.
All FLICs have free pamphlets. Many FLICs have staff who can give you information and refer you
to community agencies and legal services.
And advice lawyers from Legal Aid Ontario are at FLICs at certain times to answer questions, give
legal advice, and review legal documents. Contact your local FLIC to find out when a lawyer will
be there.
There are many other services to help people who can't afford a lawyer and need help with a family
law problem, like child support.
Read more about services you might be able to use in I can't afford a lawyer. Where else can I find
legal help?
Help if you have a problem with OW

If you have a problem with OW, you may want to get help to understand your rights and act on
them.
And if you disagree with a decision that OW makes, it's important to get help as soon as possible.
There may be things you can do. For example, you may be able to appeal to the Social Benefits
Tribunal.
And if OW says that you have to pay back assistance and you don't agree, you may want to contact
a community legal clinic.
You May Also Need

Family law
Legal Aid Ontario
Legal Aid Ontario
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Child support
(XII) What should we do if we agree on child support?

If you and your partner agree on child support, you can put what you've agreed to in a separation
agreement. This is a written contract that you and your partner make.
Your separation agreement can deal with child support alone, or can include other things like
spousal support, custody and access, and dividing property.
You don't have to wait until you and your partner agree on everything before making a separation
agreement. You can make an agreement on the things you agree on, while working on other issues.
You can make a separation agreement if you're married or in a common-law relationship.
There are some good reasons to make a written separation agreement:
• It can be faster, cheaper, and less stressful than going to court.
• It lets you and your partner decide what works best for you and your family.
• It's easier to prove what you and your partner agreed on if you have a written rather than a
verbal agreement.
• If there is a problem getting support payments, the Family Responsibility Office can help.
You can talk to a lawyer who can give you advice about the rules your separation agreement needs
to follow to make it legal. If you can't afford to hire a lawyer, you may be able to find legal help in
other places.
Use the online child support service

You and your partner may be able to use the Ontario government's online Child Support Service
(CSS) to get child support.
The government uses income information to calculate how much child support should be paid. In
general, the CSS can only decide child support in simple cases where the table amount applies. It
can only be used for some special or extraordinary expenses. And, it does not allow for retroactive
child support.
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Child support
1. Agree on the terms of child support

You and your partner can try to agree on child support without going to court. You can talk to your
partner on your own, with the help of someone you both trust, or with the help of a lawyer or
mediator.
Your separation agreement can deal with child support alone, or can include other things like:
• custody and access
• spousal support
• dividing property if you're married
• dividing property if you're in a common-law relationship
You don't have to wait until you and your partner agree on everything before making a separation
agreement. For example, you might agree on child support before you agree on how to divide
property. So you can make a separation agreement about child support first.
Your child support agreement can include:
• the names and birthdays of the children receiving child support
• where the children will live
• the amount of monthly child support payments
• a separate amount for spousal support, if any
• the date when child support will be paid, including a start date
• the amount of additional payments for special or extraordinary expenses like daycare, if any
• how child support payments will be made, for example, cash with a receipt, cheque, direct
deposit, money order, interac e-transfer, or through the Family Responsibility Office
• how you plan to deal with child support if there are changes in your situation such as
changes in income or employment
Also try to agree on a way to get updated income information about the payor parent each year. You
can agree to get copies of their most recent income tax return or notice of assessment every year.
You can use this information to make sure the right amount of child support is being paid.
If your agreement also deals with spousal support, make sure that you have a separate amount for
child support and spousal support payments. This is because they are treated differently when doing
your income tax return.
Talking to your partner may not be the best option where there is a history of partner abuse.
You May Also Need

Sample Separation Agreement
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Child support
2. Make a separation agreement the court can enforce

For example, the rules say before you sign your agreement, you must understand it, the process is
fair, and that you and your partner give complete and honest information about your finances.
The law also says that the amount of child support you agree to has to be reasonable. Child support
is reasonable if it is similar to the amount in the Government of Canada's child support tables or if
other support arrangements have been made for the children.
This does not mean the amount you agree on has to be the same as the table amount. You can agree
to an amount that is more or less than the table amount.
But if you or your partner later asks the court to order child support that is different from what was
in your agreement, the court will look at what it would have ordered under the Child Support
Guidelines and child support tables. This helps the court decide if the agreement is reasonable.
You May Also Need

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Child support
3. Get your own independent legal advice

You don't need a lawyer to make a separation agreement. But it's a very good idea for each of you to
get your own legal advice before signing one.
You can talk to a lawyer who can help you understand:
• The claims you can make after you separate or divorce.
• Your rights and responsibilities toward your children and your partner.
• The rules your agreement has to follow to make it binding and enforceable under the law.
• How your rights change once you sign the agreement.
You and your partner should not go to the same lawyer. It is important for each of you to get your
own legal advice from different lawyers. This is sometimes called independent legal advice (ILA).
The advice is independent because each lawyer is only working for one of you.
Besides helping you understand what you're agreeing to, there are other important reasons to get
ILA. If you and your partner each get ILA, your agreement is less likely to be challenged later. And
a court is more likely to order you and your partner to do what you agreed on.
If you decide not to get legal advice, you may not be able to argue later that you didn't understand
your legal rights when you signed the agreement.
your case, such as reviewing your separation agreement.
You May Also Need

Independent Legal Advice for Mediation Clients
Legal Aid Ontario
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Child support
4. Sign your separation agreement

There are rules about how you make a separation agreement. These are called formal
requirements. These rules say your agreement must be:
• in writing
• have a date
• signed by both people who are making the agreement
• witnessed, which means you and your partner have to sign the agreement in front of another
person
• signed by the witness
If you do not follow these rules, and you don't agree later about your separation agreement, the
court does not have to order you or your partner to follow it.
There are no specific rules about what information you need to have in your separation agreement.
But you should be as clear and detailed as you can so that the agreement shows exactly what you
and your partner agreed to.
You May Also Need

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Child support
5. Think about filing your separation agreement with the court

You or your partner can file your separation agreement with the court at any time as long as it has
not been changed. This means that the court has a copy of your agreement.
Some of the reasons to do this are so:
• the court can enforce the support terms of your agreement by ordering you and your partner
to follow it
• a government agency, called the Family Responsibility Office (FRO) can enforce support
payments
The FRO is a government agency that collects support from the person who has to pay support,
keeps a record of the amounts paid, and pays that amount to the person who has to get support.
If your partner misses payments, the FRO can take action to enforce the agreement and make them
pay. For example, the FRO can take money from their bank account, suspend their driver's licence,
or start a court case that can put them in jail.
Some people choose not to involve the FRO. It takes time for them to process the paper work and
start enforcing payments. Or, if you and your partner get along well and you don't expect problems,
you may not need the FRO's help.
To get the FRO to enforce your agreement:
• Attach your most current separation agreement to a Form 26B: Affidavit for Filing Domestic
• Take it to the courthouse. You can file your agreement only at the Ontario Court of Justice or
the Family Court branch of the Superior Court of Justice. You cannot file your agreement at
other locations of the Superior Court of Justice.
• Register it with the FRO.
You May Also Need

Form 26B: Affidavit for Filing Domestic Contract or Paternity Agreement
Ontario Court Forms
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Child support
(XIII) What should we do if we can't agree on child support?

If you and your partner cannot agree on child support, with or without the help of lawyers, you have
a few options. You can:
• use the Ontario government's child support service
• ask a family law professional to help you resolve your issues
• go to court and ask a judge to decide.
A parent cannot agree to "give up" receiving child support just because they don't want to deal with
the other parent. Child support is a right of the child. The law says that both parents are responsible
for financially supporting their dependent children.
Online child support service

You and your partner may be able to use the Ontario government's online Child Support Service
(CSS) to get child support.
The government uses income information to calculate how much child support should be paid. In
general, the CSS can only decide child support in simple cases where the table amount applies. It
can only be used for some special or extraordinary expenses. And, it does not allow for retroactive
child support.
Family law professionals

There are different types of family law professionals who can help you and your partner resolve
your issues. These are neutral people who are trained to work with both of you to help you reach an
agreement or make a decision for you.
For example, each family court location in Ontario offers subsidized mediation services. You can
get up to 8 hours of mediation for a fee that is based on each person's income. You can use this
service whether or not you have a court case. And if you have a court case, you can get up to 2
hours of mediation for free at the court.
These processes are sometimes called alternative dispute resolution because they help solve your
issues without going to court.
Go to court
If you and your partner still cannot agree even with the help of a family law professional, or if this
is not the right option for you, one of you will have to start a family law court case.
A family court makes decisions using the family law rules and laws. Going to court can be a
complicated process and it can take a lot of time. It can be stressful and expensive, but it is
sometimes necessary to decide your issues.
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Child support
Changing the process

You don't have to stick with one of these options. For example, you and your partner might not be
able to solve your case with the help of a family law professional, so you decide to go to court.
Or you might start a court case first, but then you and your partner agree to pause your case while
you try to reach an agreement with the help of a family law professional.
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Child support
1. Think about your options

There are family law professionals who can help you and your partner resolve your issues. These
are neutral people who are trained to work with both of you to help you reach an agreement or make
a decision for you.
• mediation
• arbitration
arbitrator does.
You May Also Need

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Child support

You and your partner must agree to use an alternative dispute resolution (ADR) process and you
must agree on the details of the process. This includes:
• which type of family law professional will help you resolve your issues
• how your lawyers, if any, will be involved
• who will pay for the costs
• when you will do it
If you and your partner agree on the details of the ADR process, put your agreement in writing
before you start. This document can be called a participation agreement, arbitration agreement, or
agreement to mediate.
The agreement might include:
• the role of the family law professional who is helping you resolve your dispute
• the issues to be decided
• how to exchange documents
• how to end the process
• who will pay
The family law professional who is helping you usually drafts the agreement and includes details
about you, your partner, and your issues.
Before signing the agreement:
• Review it carefully. If you have a lawyer, you should have them review it as well.
• Make sure that it includes all the important details about the process.
• Ask any questions you have.
• Make sure that you understand it.
You May Also Need

Standard Form Agreement to Mediate
ADR Chambers
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Child support
3. Go to court
If you and your partner still cannot agree on child support even with the help of a family law
professional, or if this is not the right option for you, one of you will have to start a family law court
case.
expensive, but it is sometimes necessary to decide your issues.
This family law court process flowchart explains each step in a family law court case. It tells you
what happens and what you have to do if you start a court case or if you're responding to a court
case your partner started.
A family court makes decisions using the family law rules and laws. A judge will look at the Child
Support Guidelines, the Government of Canada's child support tables, and the facts of your case to
make decisions about child support.
You can talk to a lawyer who can help you understand what the law says you have to do to protect
your child's rights. A lawyer can also explain why you might choose to go to court and help you
through the process.
your case.
You May Also Need

Steps in a Family Law Case
Community Legal Education Ontario (CLEO)
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Child support
(XIV) Can I use Ontario's online Child Support Service?

You and your partner may be able to use the Ontario government's online Child Support Service to
set up child support.
The service can be used to set up child support only if all of these things are true:
• You and your partner both agree to use the service, but only one of you has to apply online.
• You and your partner give information about your income or agree to let the Canada
Revenue Agency share your income tax returns with the service.
• You, your partner, and the children the support is for, live in Ontario.
• All the children the support is for are younger than 17.5 years and not married.
• You don't have shared custody or split custody.
• You don't have a court order or separation agreement dealing with child support.
• The parent paying child support doesn't earn "complex income". Step 1 explains what
complex income is.
Usually, the service is used to set up child support in simple cases where the table amount applies.
But it can also be used for some special or extraordinary expenses. Step 2 explains what table
amount means and what these special or extraordinary expenses are.
The service doesn't allow for retroactive child support. This means you can't use it to ask for child
support for any time in the past.
Using the income information on your income tax returns or pay stubs the service calculates how
much child support must be paid and sends a Notice of Calculation. You must follow the Notice as
if it was a court order.
You can talk to a lawyer about whether you should use the service.
Go to: www.ontario.ca/page/set-up-or-update-child-support-online to use the service.
Fees
You and your partner each have to pay a fee of $80 every time you use the service to set up or
update child support. This fee is non-refundable. This means you can't get it back if the service can't
calculate your child support. So make sure that you meet the conditions and have all the information
you need before you start.
If your and your partner's incomes are low enough, you can apply for a fee waiver. If you get it, it
means you don't pay this fee.
If you can't use the service

There are other ways to set up child support if you don't meet the conditions to use the service. If
you and your partner agree on child support, you can make a separation agreement.
If you don't agree, you can try alternative dispute resolution, or you can go to court.
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1. Figure out if the payor parent earns complex income

The parent paying child support is called the payor parent. If the payor parent earns "complex
income", you can't use the Child Support Service.
Complex income means that at least one of the following applies to the payor parent. They earn:
• less than $12,000 a year or more than $150,000 a year
• over 20% of their income from self-employment, rental income, or seasonal jobs
• most of their income as a director, partner, officer, or majority shareholder
• most of their income in cash that is not reported on their income tax return
If you're the parent getting child support and you think the payor parent's pay stubs or tax returns
don't show all their income, you shouldn't use this service.
For example, the payor parent may be working for cash or not reporting all of their income. This
means that their pay stubs and income tax returns don't show what they actually earn.
You May Also Need

Set up or update child support online
Government of Ontario
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2. Decide if you're asking for more than the table amount

The Child Support Service usually only decides child support in simple cases where the child
support table amount applies. But it can also be used for some special or extraordinary expenses.
This means before using the service you have to decide if you're asking for more than the table
amount of child support. And if so, which of your child's special or extraordinary expenses you
want your partner to help pay for.
Table amount
The table amounts of child support are based on the gross annual income of the payor parent and the
number of children they have to support. There is separate table for each province and territory.
The table amount show the basic monthly amounts of child support needed to pay for expenses like
clothes, food, and school supplies. It is what the payor parent pays to meet the child's basic needs,
just as if they were living with the child.
The Child Support Table Lookup is an online tool that helps you figure out your table amount of
child support.

Expenses that are not covered in the basic monthly amount of child support are called special or
extraordinary expenses.
You can use the service only if you have the following types of special or extraordinary expenses:
• child care expenses
• health-related expenses
But, you can only include them if you and your partner agree:
• on the amount of the expenses to be shared
• that you won't include any amount your child pays towards the expense
You can't use the service if the special or extraordinary expenses are for:
You May Also Need

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Go to www.ontario.ca/page/set-up-or-update-child-support-online to use the <span class="ylr-
glossary-term">Child Support</span> Service to set up child support.
When you apply online, you answer some questions that help you decide whether you can use the
service.
You have to give information about:
• you and your partner, including your dates of birth and mailing addresses
• your children
• your current child support arrangement
• other financial support you receive, such as spousal support or child benefits
• your household income if you want to apply for the fee waiver
Get your documents

Make sure you have:
• your Social Insurance Number or Temporary Tax Number
• a current mailing address for your partner
If you're the parent paying support, you need the contact information for the person responsible for
payroll at your work. And, if you didn't file your taxes last year, you also need either*:*
• your 3 most recent pay stubs, or
• the most recent statement of income you got from employment insurance, social assistance,
a pension plan, workers compensation, or disability payments.
The service may ask you to fill out, sign, and mail a form that allows Canada Revenue Agency to
share the information it has about your income with the service.
Pay the fee

You can pay the $80 fee by credit or debit card.
Make sure the information you have about your partner is correct and up-to-date. If it isn't, the
service won't be able to process your application and you won't get your $80 fee back.
For example, if you give a wrong mailing address for your partner and the service gets its letter
back, your child support application won't be processed and you won't get your money back.
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4. Get your Notice of Calculation

After you submit your online application for child support, your partner gets a notice in the mail
from the Ministry of the Attorney General. This notice tells them that you have used the Child
Support Service to set up child support. It:
• lists the names and dates of birth of children the support is for
• lists the special or extraordinary expenses that you're asking for
• tells your partner to respond by going to https://www.ontario.ca/page/arranging-child-
support within* 25 calendar days*
If your partner responds saying they don't agree to use the service, the service won't be able to
process your application. And you won't get your $80 filing fee back. The service mails you a letter
explaining why your application wasn't processed.
If your partner doesn't respond, the service won't be able to process your application. And you won't
get your $80 filing fee back.
Get your Notice of Calculation

If your partner responds and agrees to use the Child Support Service, the service uses your income
information and sends a Notice of Calculation to you and your partner that says how much child
support must be paid.
Both of you must follow the Notice of Calculation as if it is a court order.
A mistake on your Notice of Calculation

If you or your partner thinks your Notice of Calculation has a mistake, for example, a name is
spelled wrong, or the payor parent's pay stubs were not used to calculate income correctly, you can
ask for it to be corrected within 15 days of the date the Notice is issued.
If you disagree with the Notice of Calculation for another reason, such as you don't agree with the
amount of child support the service calculated, you have to ask the court to change it. You do this by
bringing a motion to change child support.
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When you use the Child Support Service to set up child support, your Notice of Calculation is sent
to the Family Responsibility Office (FRO). This allows FRO to enforce your child support
payments.
FRO is a government agency that collects the support due directly from the payor parent, keeps a
record of the amount paid, and then pays that amount to the parent who has to get support.
If the payor parent doesn't pay support, FRO writes to the payor parent's employers and asks them
to deduct child support from the payor's cheque and send it to FRO. FRO then sends the money to
the parent receiving support.
FRO can take action if child support isn't paid. For example, FRO can take money from the payor
You don't have to let FRO handle your support payments. You can ask FRO to stop handling your
payments. It may be that you get along with your partner, and think that they will make their child
support payments. Or, it could be because FRO takes time to process the paper work and start
making payments.
You May Also Need

Family Responsibility Office
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(XV) How can child support be changed?

You may want to change child support because of changes to your situation. For example:
• The payor parent loses their job and can no longer pay the current amount of child support.
• The payor parent makes more money and the other parent wants them to pay more child
support.
• Your child finishes school, marries, or moves out on their own.
• Your child is working full-time.
• Your child is living with the other parent or a different person.
• There are new special or extraordinary expenses.
A change in the income of the parent receiving support is generally not a reason to change child
support. This is because that parent's income is usually not taken into account when deciding how
much child support should be paid.
How you change child support depends on how you and your partner agreed on the amount of child
support. For example, if you agreed and signed a separation agreement or got a court order.
Separation agreement or court order

If you have a separation agreement or court order that includes child support, check it to see if it
deals with these kinds of situations. For example, it might say that child support ends when your
child gets their degree or diploma.
If your separation agreement or court order does not say what should happen if there are changes to
your situation, you and your partner can agree to make a new separation agreement. If you can't
agree, you can get help from a family law professional or go to court and ask a judge to decide.
Notice of Calculation
If you and your partner used the Ontario government's the online Child Support Service (CSS) to
decide the amount, you can use it again to change the amount. The government then mails you a
Notice of Recalculation that has the new amount. Only one parent needs to ask to change child
support online. The other parent does *not *need to agree.
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Make a new separation agreement

You and your partner can agree to make a new separation agreement on child support to deal with
the changes in your situation. You can talk to your partner on your own, with the help of someone
you both trust, or with the help of a lawyer.
For example, if the payor parent is making more money, you can agree on a new amount of child
support.
If the new agreement changes an old agreement that was filed with the court, a "Notice of
Calculation", or a "Notice of Recalculation", then any new agreement should also be filed with the
court. If it is not filed with the court, the Family Responsibility Office cannot enforce the new
support amount.
If the new agreement changes a final court order, you need to ask the court to change their order
based on their new agreement.
• a repayment schedule for the missed child support payments
• how the payor parent will give updated income information
For example:
• You and the other parent have to understand the agreement.
• The process has to be fair.
• The separation agreement has to take into account the best interests of the child.
get your own legal advice before signing one. It is important for each of you to get your own legal
advice from different lawyers. This is sometimes called independent legal advice. The advice is
independent because each lawyer is only working for one of you.
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You May Also Need

Sample Separation Agreement (Part 5)
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Get help from a family law professional

If you and your partner cannot agree on making a new separation agreement to deal with the
changes to your situation, you can get help from a family law professional. These are neutral people
who are trained to work with both of you to help you reach an agreement or make a decision for
you.
• mediation
• arbitration
arbitrator does.
Your separation agreement might even require that you first try a process like mediation to work out
your issues before taking any further steps like going to court.
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Use the Child Support Service

In some cases, you may be able to use the online Child Support Service (CSS) to change child
support where there has been a change to the payor parent's income.
The government calculates the amount of child support to be paid using the new income
information. They then mail you and your partner a Notice of Recalculation that tells you how
much child support must be paid.
But sometimes you cannot use the CSS to change child support. For example, if any of these are
true:
• you used CSS to decide or change the child support amount less than 6 months ago
• you or your partner live outside of Ontario
• the payor parent earns more than 20% of their income from self-employment, rental income,
or investment income
• you have shared custody or split custody
Only one parent needs to ask to change child support online. The other parent does not need
to agree. They get a notice in the mail from the Ministry of the Attorney General that says the
other parent applied to change child support online and the CSS agrees that it can make the
change.
That payor parent can disagree if the information the other parent gave was wrong. If they do not
respond within 25 days of the notice being sent, the CSS might change their support payment
without their response. So it is important to respond to a notice from the Ministry of the Attorney
General if you don't agree with the change.
You can talk to a lawyer about whether you should use the CSS.
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Child support
Go to court
You can go to court to change child support if you and your partner:
• cannot agree on changing your separation agreement on child support even with the help of
a family law professional, or if this is not the right option for you, and
• cannot use or do not want to use the online Child Support Service
You ask a judge to change child support by bringing a motion to change. A motion to change is the
name of the court process used to ask a judge to make changes to support.
You can talk to a lawyer who can explain your rights and responsibilities under the existing child
support agreement, Notice of Calculation, or court order. A lawyer can also tell you if facts exist
that may convince a judge that the child support should be changed.
If you can't afford to hire a lawyer for your whole case, some lawyers will provide "unbundled" or
"limited scope" services. This means you pay them to help you with part of your case.
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How To Make A Motion to Change
Ontario Court Forms
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(XVI) How do I change child support in my separation agreement?
(XVI) How do I change child support in my separation

agreement?
You or your partner may need to change the child support in your separation agreement because of
changes to your situation. For example:
• The payor parent loses their job and can no longer pay the child support agreed on.
support.
A change in the income of the parent receiving support is generally not a reason to change the
separation agreement. This is because that parent's income is usually not taken into account when
deciding how much child support should be paid.
Your separation agreement may deal with these kinds of situations. For example, it might say that
child support ends when your child gets their degree or diploma.
If your separation agreement does not say what should happen if there are changes to your situation,
you and your partner can agree to make a new separation agreement. If you can't agree, you can get
help from a family law professional or go to court and ask a judge to decide.
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1. Make a new separation agreement

You and your partner can agree to make a new separation agreement on child support to deal with
the changes in your situation. You can talk to your partner on your own, with the help of someone
you both trust, or with the help of a lawyer or mediator.
For example, if the payor parent is making more money, you can agree on a new amount of child
support.
• a repayment schedule for the missed child support payments
• how the payor parent will give updated income information
get your own legal advice before signing one. It is important for each of you to get your own legal
advice from different lawyers. This is sometimes called independent legal advice. The advice is
independent because each lawyer is only working for one of you.
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Child support

If you and your partner cannot agree on making a new separation agreement to deal with the
changes to your situation, you can get help from a family law professional. These are neutral people
who are trained to work with both of you to help you reach an agreement or make a decision for
you.
• mediation
• arbitration
arbitrator does.
Your separation agreement might even require that you first try a process like mediation to work out
your issues before taking any further steps like going to court.
You May Also Need

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You and your partner must agree to use an alternative dispute resolution (ADR) process and you
must agree on the details of the process. This includes:
• which type of family law professional will help you resolve your issues
• who will pay for the costs
• when you will do it
If you and your partner agree on the details of the ADR process, put your agreement in writing
before you start. This document can be called a participation agreement, arbitration agreement, or
agreement to mediate.
The agreement might include:
• the role of the family law professional who is helping you resolve your dispute
• the issues to be decided
• how to exchange documents
• how to end the process
• who will pay
The family law professional who is helping you usually drafts the agreement and includes details
about you, your partner, and your issues.
Before signing the agreement:
• Review it carefully. If you have a lawyer, you should have them review it as well.
• Make sure that it includes all the important details about the process.
• Ask any questions you have.
• Make sure that you understand it.
You May Also Need

Standard Form Agreement to Mediate
ADR Institute of Canada
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Child support

If you and your partner still cannot agree on changing your separation agreement on child support
even with the help of a family law professional, or if this is not the right option for you, you can go
to court.
First you need to file your separation agreement with the court so that it has a copy of your
agreement.
To file your separation agreement:
• Attach your most current separation agreement to a Form 26B: Affidavit for Filing Domestic
• Take it to the courthouse. You can file your agreement only at the Ontario Court of Justice or
the Family Court branch of the Superior Court of Justice. You cannot file your agreement at
other locations of the Superior Court of Justice.
Next, you ask a judge to change child support by bringing a motion to change. A motion to change
is the name of the court process used to ask a judge to make changes to support.
You can talk to a lawyer who can explain your responsibilities under the existing separation
agreement. A lawyer can also tell you if facts exist that may convince a judge that the agreement
should be changed.
If you can't afford to hire a lawyer for your whole case, some lawyers provide "unbundled" or
"limited scope" services. This means you pay them to help you with part of your case.
You May Also Need

Ontario Court Forms
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(XVII) How do I change child support in my court order?

You or your partner may need to change your child support order because of changes to your
situation. For example:
• The payor parent loses their job and can no longer pay the child support ordered.
support.
A change in the income of the parent receiving support is generally not a reason to change the court
order. This is because that parent's income is usually not taken into account when deciding how
much child support should be paid.
Your court order may deal with these kinds of situations. For example, it might say that child
support ends when your child gets their degree or diploma.
If your court order does not say what should happen if there are changes to your situation, you and
your partner can agree to change your court order. If you can't agree, you can get help from a family
law professional or go to court and ask a judge to decide.
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1. Find out if your order has been assigned

If the parent receiving child support gets benefits from a social services agency such as Ontario
Works (OW) or the Ontario Disability Support Program (ODSP), they must usually try to get child
support and spousal support. If they don't make reasonable efforts, they may get less assistance or
none at all.
If the parent receiving child support is having trouble collecting payments from their partner, they
can assign payments to OW or ODSP. This means that the child support payments go directly to
OW or ODSP, and the recipient get the full amount of social assistance even when support is not
paid.
The support is paid or assigned to the agency and the social service agency is called the assignee.
If your support order is or was assigned, the assignee must be involved in all court proceedings to
change the support order. They need to be kept up-to-date on the amount of support being paid.
They may also be owed payments.
To find out if the support order is assigned, fill out a Confirmation of Assignment form and fax or
mail it to the Ministry of Children, Community and Social Services.
They will process the form within three working days and mail or fax it back to you. If the support
order is assigned, they will tell you where to send your court documents.
If you do not serve the assignee or get the assignee's consent before going to court, the assignee can
ask the court to set aside the new order you get. The court can also order costs against you. This
means that you may have to pay the assignee's costs for asking the court to set aside the order.
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Confirmation of Assignment
Service Ontario
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2. Agree to change your court order

If you and your partner can agree on changing your child support order, you do not have go to court
to have a judge make a decision for you. But you still need to file documents with the court and get
a new order based on your agreement.
The court then makes a consent order based on your agreement.
You need to fill out:
• Form 15D: Consent motion to change, which sets out the new terms you and your partner
agree to. It must be signed by both of you and by the assignee, if a social assistance agency
is receiving or is owed the support payments. You each need to sign the consent form in
front of a witness. You cannot witness each other's signatures. Attach a copy of your existing
order.
• Form 25: Order, where you list the orders you want. Be specific about which terms of the
existing order you're asking to change.
• Form 13: Financial Statement, where the parent paying support gives information about
your finances such as your income, living expenses, and assets and debts. The parent
receiving support may also have to fill out a financial statement if special or extraordinary
expenses are being divided.
• Form 13A: Certificate of Financial Disclosure, where the parent paying support lists all the
documents that prove what they said in their financial statement.
• Support Deduction Order Information Form.
• Support Deduction Order.
• 2 self-addressed, stamped envelopes, one for each of you if you want your order mailed to
you. Otherwise you can pick it up from the court or have it faxed to you.
You can get family law court forms from the courthouse or online. They are available in French and
English.

You file your completed documents at the same level of court that made your court order. There is a
guide on how to file documents.
There are three courts that deal with family law issues in Ontario. These are the:
• Ontario Court of Justice
• Family Court branch of the Superior Court of Justice
• Superior Court of Justice
So, if the Superior Court of Justice made the order, you must go back to a Superior Court of Justice
in the jurisdiction that your child currently lives to change it.
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Get your order

The court clerk gives your documents to a judge to review and make an order. You usually don't
need to see the judge because you and your partner are agreeing to the changes.
But, if the judge has questions for you or your partner, the court clerk will contact you with a court
date or give you with a copy of the judge's endorsement that sets out any other steps you or your
partner have to take.
If you get a new child support order, the court sends the order, the Support Deduction Order
Information Form, and the Support Deduction Order to the Family Responsibility Office.
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If you and your partner cannot agree on changing your child support order, you can get help from a
• mediation
• arbitration
arbitrator does.
or not you're in court. If you're already in court, you can get up to 2 hours of mediation at the court
free of charge.
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If you and your partner still cannot agree on changing your child support order even with the help of
a family law professional, or if this is not the right option for you, you can go to court.
The process for asking a judge to change child support in a final court order is called bringing a
motion to change.
You can talk to a lawyer who can explain your responsibilities under the existing order. A lawyer
can also tell you if facts exist that may convince a judge that the order should be changed.
If you can't afford to hire a lawyer for your whole case, some lawyers provide "unbundled services"
or "limited scope retainer" services. This means you pay them to help you with part of your case.
You May Also Need

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(XVIII) Can I use Ontario's online Child Support Service to change child support?
(XVIII) Can I use Ontario's online Child Support Service to

change child support?
You may be able use the Ontario government's online Child Support Service to change the amount
of child support in your current:
• separation agreement
• court order
• Notice of Calculation or Notice of Recalculation
You can only do this if the payor parent's income has changed, and if you meet certain conditions.
Step 1 has more information about this.
A change in the income of the parent getting support isn't a reason to change child support. This is
because that parent's income is usually not taken into account when deciding how much child
support should be paid.
Only one of you needs to ask to change child support online. In some cases, even if the other parent
doesn't respond, the service may decide that the payor parent's income has increased and that child
support payments should also increase.
Using updated income information that you and your partner give, the service sends a Notice of
Recalculation that says the amount of child support that must be paid. This is usually based on your
income tax returns or pay stubs. You must follow the Notice as if it is a court order.
You can talk to a lawyer about whether you should use the service.
Go to: www.ontario.ca/page/set-up-or-update-child-support-online to use the service.
Fees
You and your partner each have to pay a fee of $80 every time you use the service to set up or
change child support. This fee is non-refundable. This means you can't get it back if the service
can't calculate your child support. So make sure that you meet the conditions and have all the
information you need before you start.
If your and your partner's incomes are low enough, you can apply for a fee waiver. If you get it, it
means you don't pay this fee.
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1. Figure out if you can use the service

The Child Support Service may be used to change child support when the payor parent's income has
changed.
The service can be used to update child support only if all of these things are true:
• You're asking for a change in child support based on the child support table amount only.
• Your current child support is based on the child support table amount only.
• You, your partner, and the children the support is for, live in Ontario.
• You have a current court order on child support that order was made in Ontario.
• All the children the support is for are younger than 17.5 years and not married.
• You don't have shared custody or split custody.
• The parent paying child support doesn't earn "complex income".
Complex income means that at least one of the following applies to the payor parent. They earn:
• less than $12,000 a year or more than $150,000 a year
• over 20% of their income from self-employment, rental income, or seasonal jobs
• most of their income as a director, partner, officer, or majority shareholder
• most of their income in cash that is not reported on their income tax return
You cannot use the service to:
• Change child support if you or your partner used the service to decide or update child
support less than 6 months ago.
• Ask for retroactive child support. This means you can't use it to ask for child support for any
time in the past.

You can use the service to add new or make changes to the following special or extraordinary
expenses:
• child care expenses
• health-related expenses
But, you can only include them if you and your partner agree:
• on the amount of the expenses to be shared
• that you won't include any amount your child pays towards the expense
You can't use the service if the special or extraordinary expenses are for:
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Other reasons
There are many other reasons why you may want to change child support. For example:
There are other ways to change child support if you don't meet the conditions to use this service. If
you and your partner agree on child support, you can make a separation agreement.
If you don't agree, you can try alternative dispute resolution, or you can go to court.
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Go to www.ontario.ca/page/set-up-or-update-child-support-online to use the Child Support Service
to change child support.
You have to give information about:
• you and your partner, including your dates of birth and mailing addresses
• your children
• your current child support arrangements, including your Family Responsibility Office case
number
• other financial support you get, such as spousal support or child benefits
• your household income if you want to apply for the fee waiver
Get your documents

Make sure you have:
• your separation agreement, court order, Notice of Calculation, or your last Notice of
Recalculation that says how much your child support is now
• your Social Insurance Number or Temporary Tax Number
• a current mailing address for your partner
If you're the parent paying child support, you need the contact information for the person
responsible for payroll at your work. And, if you didn't file your taxes last year, you also need
either*:*
• your 3 most recent pay stubs, or
• the most recent statement of income you got from employment insurance, social assistance,
a pension plan, workers compensation, or disability payments.
The service may ask you to fill out, sign, and mail a form that allows Canada Revenue Agency to
share the information it has about your income with the service.
Pay the fee

You can pay the $80 fee by credit or debit card.
Make sure the information you have about your partner is correct and up-to-date. If it isn't, the
service won't be able to process your application and you won't get your $80 fee back.
For example, if you give a wrong mailing address for your partner and the service gets its letter
back, your child support application won't be processed and you won't get your money back.
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3. Get your Notice of Recalculation

After you submit your online application to change child support, your partner gets a notice in the
mail from the Ministry of the Attorney General. This notice tells them that you used the Child
Support Service to change in child support. It:
• lists the names and dates of birth for the children the support is for
• lists the special or extraordinary expenses that you're asking for
• tells your partner to respond by going to www.ontario.ca/page/arranging-child-support
within 25 calendar days
If your partner doesn't respond, the service may change the amount of child support based only on
the information you gave. It will do this only if any of the following do not apply:
• you're asking to update child support in a separation agreement
• you're asking to add new or make changes to certain special or extraordinary expenses
• you have a temporary court order about child support
If any of the above situations apply and your partner responds saying they don't agree to use the
service, the service won't be able to process your application. And you won't get your $80 filing fee
back. The service mails you a letter explaining why your application wasn't processed.
Get your Notice of Recalculation

If the Child Support Service can be used in your situation, the service uses your income information
and sends a Notice of Recalculation to you and your partner that says how much child support must
be paid.
Both of you must follow the Notice of Recalculation as if it is a court order.
A mistake on your Notice of Recalculation

If you or your partner thinks your Notice of Recalculation has a mistake, for example, a name is
spelled wrong, or the payor parent's pay stubs were not used to calculate income correctly, you can
ask for it to be corrected within 15 days of the date the Notice is issued.
If you disagree with the Notice of Recalculation for another reason, such as you don't agree with the
amount the service calculated, you have to ask the court to change it. You do this by bringing a
motion to change child support.
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When you use the Child Support Service to update child support, your Notice of Recalculation is
sent to the Family Responsibility Office (FRO). This allows FRO to enforce your child support
payments.
FRO is a government agency that collects the support due directly from the payor parent, keeps a
record of the amount paid, and then pays that amount to the parent who has to get support.
If the payor parent doesn't pay support, FRO writes to the payor parent's employers and asks them
to deduct child support from the payor's cheque and send it to FRO. FRO then sends the money to
the parent receiving support.
FRO can take action if child support isn't paid. For example, FRO can take money from the payor
You don't have to let FRO handle your support payments. You can ask FRO to stop handling your
payments. It may be that you get along with your partner, and think that they will make their child
support payments. Or, it could be because FRO takes time to process the paper work and start
making payments.
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(XIX) How do I bring a motion to change child support?

You or your partner may want or need to change or end the child support in your separation
agreement or court order because of changes to your situation. For example:
• The payor parent loses their job and can no longer pay the child support agreed on.
support.
A change in the income of the parent receiving support is generally not a reason to change the
separation agreement or court order. This is because that parent's income is usually not taken into
account when deciding how much child support should be paid.
If you and your partner agree to change or end your separation agreement, you can make a new
child support agreement.
If you and your partner agree to change or end your final court order, you can change child support
on consent.
If you and your partner cannot agree, you may have to go to court to bring a motion to change. A
motion to change is the name of the court process used to ask a judge to make changes to support in
your separation agreement or court order.
There are Family Law Rules that tell you what is needed at every step in a court case. Rule 15:
Motions to change a final order or agreement tells you what you need to do.
You can talk to a lawyer who can tell you if facts exist that may convince a judge that your
separation agreement or court order should be changed.
If you can't afford to hire a lawyer for your whole case, some lawyers provide "unbundled services"
or "limited scope retainer" services. This means you pay them to help you with part of your case.
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1. Pick the right court

You must go to the same level of court that made your court order.
So, if the Superior Court of Justice made the order, you must go back to a Superior Court of Justice
in the jurisdiction that your child currently lives to change it.

If you have a separation agreement filed with the court, you must bring your motion at a Family
Court branch of the Superior Court of Justice or the Ontario Court of Justice. This is because you
cannot file your agreement at other locations of the Superior Court of Justice.
If you need to file your separation agreement with the court:
2. Take it to the courthouse at the Ontario Court of Justice or the Family Court branch of the
Superior Court of Justice.
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2. Fill out your court forms to start the motion

• Form 15: Motion to change, where you list the orders you want the court to make.
• Form 15A: Change information form or Form 14A: Affidavit, where you give your reasons
and evidence for the changes you're asking for, and attach a copy of your existing separation
agreement or court order. These forms must be sworn or affirmed. This means you are
promising that the information in the document is true. It is against the law to not tell the
truth when swearing or affirming an affidavit.
• Form 13: Financial statement, that gives the court information about your finances such as
the amount of your income, living expenses, and assets and debts.
• Form 13A: Certificate of Financial Disclosure, where you list all the documents that prove
the claims in your financial statement.
• Support Deduction Order Information Form.
• Support Deduction Order.
• Confirmation of Assignment form, if you don't know whether your support payments are or
were assigned to a social services agency. This means the payments go through an agency
such as Ontario Works or the Ontario Disability Support Program.
• Statement of Arrears Form, that gives information about the amount of unpaid support.
• Updated table of contents, that lists the documents you're adding to your continuing record.
English.

Once you have filled out your forms, you must have your motion to change issued by the court. You
take your forms to the court where the court clerk signs, dates, and stamps them and gives you a
court date.
Give your partner a copy

You must serve your partner with a copy of your documents by special service within 30 days of
having it issued.Rule 6: Service of documents tells you how to serve your documents. There is also
a guide on how to serve documents.
You can't give them your documents directly. You have to get a family member or friend who is at
least 18 years old or a professional process server to give your partner the documents. Or, you can
leave them with your partner's lawyer.
If there is an assignee you can serve them by regular mail.
Whoever serves the documents on your partner must fill out Form 6B: Affidavit of Service. In it,
they say when, where, and how they served your partner. The form proves that your partner got a
copy of your documents and knows that they have to respond to them.
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File your documents

You need to go back to the courthouse once your partner has been served, to file your documents
and Form 6B: Affidavit of Service in your continuing record. You do this at the court counter, with
the help of the court clerk.
There is a guide on how to file documents.
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3. Get your partner's response

You partner has 30 days (or 60 days if they live outside of Canada or the United States) to fill out,
serve, and file their response. If they don't respond, the court may make an order based on your
documents alone.
Your partner agrees with you

They fill out a Form 15C: Consent Motion to Change. This form must be signed in front of a
witness. You and your partner cannot witness each other's signatures.
When you sign it, you're confirming that you:
• are aware of your right to talk to a lawyer
• know that signing the form may result in a final court order
The assignee, if any, must also complete and sign this form.
Your partner may also fill out a financial statement unless you both agree not to. But, you and your
partner may need to provide proof of income in some circumstances. For example, if there are
special or extraordinary expenses.
Your partner does not agree with you

They fill out:
• Form 15B: Response to Motion to Change, where they tell the court why they don't agree
with you or ask the court to make additional or different changes.
• Form 13: Financial Statement, that gives the court information about their finances such as
the amount of their income, living expenses, and assets and debts.
• Form 13A: Certificate of Financial Disclosure, where they list all the documents that prove
what they said in their financial statement.
• Updated table of contents, that lists the documents they are adding to the continuing record.
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4. Continue with the court process

The court process for motions to change is similar to starting a family law case.
This family law court process flowchart explains each step in a family law court case. It tells you
what happens and what you have to do if you start a court case or if you're responding to a court
case your partner started.
A motion to change may involve a first court date, if your case is at the Ontario Court of Justice or
the Family Court Branch of the Superior Court of Justice, unless it includes a claim for divorce or
dividing property.
If you're at the Superior Court of Justice, you'll need to ask the court clerk to schedule a case
conference.
Some locations of the Superior Court of Justice and Family Court Branch of the Superior Court of
Justice have dispute resolution officers (DRO). They are not judges but are trained to help people
resolve their issues.
In locations where the DRO program is offered, motions to change come before a DRO first,
instead of a judge. DRO's cannot make orders. But they can help you and your partner talk about
the issues and come to an agreement that can be confirmed by a judge.
After the judge reviews your case, they can make a new child support order or leave the old
agreement or order in place. A judge looks at the Child Support Guidelines, the Government of
Canada's child support tables, and the facts of your case to make decisions about child support.
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(XX) How does the Family Responsibility Office enforce child support?
(XX) How does the Family Responsibility Office enforce child

support?
The Family Responsibility Office (FRO) is a government agency that enforces child support and
spousal support. The FRO collects support directly from the person who has to pay support, keeps a
record of the amounts paid, and then pays that amount to the person who has to get support.
If the payor parent misses payments, the FRO can only take action if you have a:
• court order
enforcement
For example, the FRO can take money from the payor parent's bank account, suspend their driver's
licence, or start a court case that can put them in jail.
The FRO can help collect money from a payor parent who lives in Canada, every state in the United
States, and approximately 30 other countries that Ontario has an agreement with. These are called
reciprocating jurisdictions.
If Ontario doesn't have an agreement with the country where the payor parent lives, the FRO cannot
help you collect support. You will have to use the laws of the country where the payor lives. You
can talk to a lawyer who may be able to help you do this.
Some people choose not to involve the FRO. It takes time for them to process the paper work and
start enforcing payments. Or, if you and your partner get along well and you don't expect problems,
you may not need the FRO's help.
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Register with the FRO

The Family Responsibility Office (FRO) enforces child support payments in a:
• court order
enforcement
They cannot enforce verbal agreements.

If you have a court order, the court automatically sends the order, the Support Deduction Order
Information Form, and the Support Deduction Order to the FRO.
If you have a Notice of Calculation or a Notice of Recalculation, the government sends it to the
FRO.
The FRO writes to the payor parent's employer or any other place where they receive income. The
FRO tells the employer to deduct child support from the payor's cheque and send it to the FRO. The
FRO then sends the money to the parent receiving support.

Some people make a separation agreement without going to court and later need help enforcing it.
To get the FRO to enforce your separation agreement, you must:
2. Take it to the local courthouse. You can file your agreement only at the Ontario Court of
Justice or the Family Court branch of the Superior Court of Justice. You cannot file your
agreement at other locations of the Superior Court of Justice.
3. Register it with the FRO.
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Make support payments through the FRO

If a parent is paying child support through the Family Responsibility Office (FRO), they make their
support payments directly to the FRO, not to the other parent. Once the FRO receives the money,
they send it to the parent receiving support within 24 to 48 hours.
Make sure all payments go through the FRO. If the payor parents gives a support payment directly
to the parent receiving support, it will not show up on the account at the FRO.
The FRO charges the payor parent $100 every time they have to adjust the account so that it shows
the right amount of support that has been paid. But, if the parent receiving support says they did not
get the payment, the FRO will not credit the account.
Paying support through the FRO

If the payor parent is employed and on a regular payroll, the FRO can take payments directly from
their income. This is called garnishing wages. But these automatic deductions take time to set up.
And, until they are set up, the payor parent must send their child support payments directly to the
FRO.
If the payor parent is self-employed, unemployed, or not on a regular payroll, they must pay the
FRO directly by:
• Making pre-authorized payments from their bank account. They need to fill out the
Preauthorized Debit Application.
• Paying online by adding the FRO as a payee. The account number is the FRO case number.
A FRO case number always starts with 0 or 1 and is 7 digits long.
• Writing a cheque or money order payable to: The Director, Family Responsibility Office.
Payor parents should always include the 7-digit FRO case number and their full name on the
payments and in all letters to the FRO.
And payor parents should keep a record of child support payments. The FRO does not issue year-
end statements.
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Get help from the FRO
You receive support

If you haven't received a support payment in more than 30 days and your separation agreement or
court order is being enforced by the Family Responsibility Office (FRO), contact them right away.
You pay support

If you don't make your child support payments, the FRO can:
• Take money from your bank accounts.
• Take money from your retirement savings.
• Take money from your employment insurance benefits, income tax rebates, and some
government payments.
• Take money from your wages or other income.
• Suspend your driver's licence.
• Suspend your Canadian passport.
• Register the support order as a "charge" against your property. This means you can't sell it or
transfer ownership until you pay any support owing.
• Report you to the credit bureau which may damage your credit rating.
• Take any Ontario lottery prize over $1,000.
• Request information about your employment, finances, and address from any person or
public body.
• Take your employer to court for not following a Support Deduction Order.
• Start a default hearing. At the hearing, you have to explain to a judge why you are behind in
payments. This may result in up to 180 days in jail.
So, if you fall behind in payments, it's important to contact the FRO as soon as you can.
The FRO can help you work out a voluntary payment plan where you agree to a payment
schedule you can afford. The FRO usually requires that you make your monthly support payments
plus an additional amount toward the support owing.
If you're bankrupt, you still owe support. The FRO will be a creditor with a claim against your
estate. They will enforce the ongoing support after you declare bankruptcy.
If you haven't made a support payment in the last 6 months and the FRO has done everything to
locate you, they may post personal information about you on goodparentspay.com. This is a website
that asks the public's help to find people who owe support and have gone missing.
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Avoid a default hearing or driver's licence suspension

If you're the payor parent and you're behind on your child support payments, the Family
Responsibility Office (FRO) may start a default hearing or ask the Registrar of Motor Vehicles to
suspend your driver's licence.
You can avoid this by contacting the FRO right away with your 7-digit FRO case number. You can
either:
• Bring your payments up to date.
• Work out a voluntary payment plan where you agree to a payment schedule you can
afford. The FRO usually requires that you make your monthly support payments plus an
additional amount toward the support owing.
Default hearing
If you get a notice of a default hearing, you must go to court on that date. You have to explain to a
judge why you're behind in your payments. The judge makes a decision called a default order. It can
make you:
• Pay all or part of the money you owe through regular payments over time.
• Pay all of the money you owe by a certain date.
• Start a motion to change your agreement or court order.
• Go to jail for up to 180 days.
If you do not go to your court date, the court can have you arrested. Or, the court can make a default
order against you.
Driver's licence suspension

The FRO will mail you a document called a First Notice of Driver's Licence Suspension. Your
driver's licence will be suspended 30 days after the date in the notice. The deadline date to respond
is set out in the notice.
You can respond by asking the court for a refraining order. A refraining order is a court order that
stops the FRO from having your driver's license suspended for a short period of time.
You cannot get a refraining order after the deadline in the First Notice has expired.
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End payments through the FRO
Withdraw your case

If you and your partner agree that you don't want the Family Responsibility Office (FRO) to handle
your payments anymore, you must both fill out a Notice of Withdrawal Form.
In some cases, the parent receiving support can do this without the payor parent's consent by filling
out a Notice by Support Recipient of Unilateral Withdrawal Form. For example, where the payor
parent is paying the parent receiving support directly.
If child support payments go through Ontario Works or the Ontario Disability Support Program, a
caseworker must also agree to withdraw the case. If they don't agree, you must go to court to have
your support agreement or order changed.
If you later decide to re-register with the FRO, you fill out a Notice of Re-Filing Form. There is a
$50 re-filing fee. And, if you want the FRO to enforce any payments that were missed since your
case was closed, you need to fill out a Statement of Arrears Form. This form tells the FRO about the
amount of unpaid child support.
End support payments

If you're paying child support and think payments should end, fill out the Application to
Discontinue Enforcement of Ongoing Support and tell the FRO why you think it should end. The
FRO will contact your partner.
If your partner… Then the FRO…
doesn't agree that child support should end, will continue enforcing the court order or
written agreement.
doesn't respond to the FRO, may stop enforcing payments or enforce a

lower amount of support.
doesn't respond to the FRO but later tells the may start enforcing payments again.
FRO that payments should not have ended,
agrees in writing to end support, will let you know in writing that you can stop
making support payments.
The FRO can't change any of the terms in your separation agreement or court order. They only try
to make sure support is being paid. So if your partner doesn't agree to end support, or if you want to
change the amount of support, you have to go to court.
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(XXI) I haven't paid child support. How do I get a refraining order to stop the FRO from having my
driver's license suspended?
(XXI) I haven't paid child support. How do I get a refraining

order to stop the FRO from having my driver's license
suspended?
The Family Responsibility Office (FRO) is a government agency that enforces child support and
spousal support. The FRO enforces child support payments in a:
• court order
enforcement
If you miss payments, one of the things the FRO can do is ask the Registrar of Motor Vehicles to
suspend your driver's licence.
If you're caught driving with a suspended license, the police can impound your car for 7 days. There
may be other penalties as well.
The FRO will mail you a document called a First Notice of Driver's Licence Suspension. Your
driver's licence will be suspended 30 days after the date in the notice. To stop this, you must:
• Contact the FRO and pay all arrears. This means you bring your payments up to date by
paying what you owe.
• Contact the FRO and make a voluntary payment plan where you agree to a payment
schedule you can afford. The FRO usually requires that you make your monthly support
payments plus an additional amount toward the support owing.
• Go to court within 30 days and ask that your driver's licence not be suspended. This is called
getting a refraining order.
You may decide to get a refraining order because:
• You cannot reach a payment agreement with the FRO.
• You believe that the amount of support you pay should be changed.
• You have already applied to change the amount of support you pay.
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1. Fill out your court forms

You must usually go to the same level of court that made your support order or has your separation
agreement filed with it.
So, if the Superior Court of Justice made the order, you go back to a Superior Court of Justice in the
jurisdiction that your child currently lives to change it.
• Form 14: Notice of Motion, where you to tell the judge that you want a refraining order.
• Form 14A: Affidavit, where you give reasons for needing your driver's licence, information
on your financial ability to make support payments, the payments that have been made, and
your evidence. Make sure you give truthful, clear, and specific reasons. An Affidavit must be
sworn or affirmed. This means you are promising that the information in the document is
true. It is against the law to not tell the truth when you swear or affirm your Affidavit.
• Form 13: Financial Statement, that gives information about your finances such as the
amount of your income, living expenses, and assets and debts.
English.
You also need the following supporting documents:
• a copy of your First Notice of Driver's Licence Suspension
• a copy of your support order
• your FRO case number (found on the First Notice)
• your court file number (found on the support order)
• two pieces of identification, including valid photo identification such as a driver's licence,
passport, or photo health card
• proof of income over the last three years including all years where support was not being
paid in full
Once you have filled out your forms, you must call or go to the courthouse to get a date for your
motion. This date must be before deadline date on your First Notice. Write this date down on the
Notice of Motion.
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2. Give your forms to the FRO

You must serve the Family Responsibility Office (FRO) at least four days before your motion date.
If you have less than four days, make sure you serve them as soon as possible.
This means you have to give a copy of your documents to the FRO so that they know about your
court date and the evidence you will be using at court. There is a guide on how to serve documents.
You can do this by fax, mail, or delivery:
Fax: 416-240-2402
Mail or delivery:
Legal Services Branch
Ministry of Community and Social Services
1201 Wilson Avenue
Building B, 7th Floor
Downsview ON M3M 1J8
After you serve your forms on the FRO, you must fill out a Form 6B: Affidavit of Service. This
form tells the court that you gave the FRO a copy of your documents. It must be filed with the
court. There is a guide on how to file documents.
An Affidavit must be sworn or affirmed. This means you are promising that the information in the
document is true. It is against the law to not tell the truth when you swear or affirm your Affidavit.
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3. Take your forms to court

After you serve the Family Responsibility Office (FRO), take your original documents to the
courthouse and file them. You file your documents at the court counter with the help of the court
clerk. There is a guide on how to file documents.
You must file your documents at least four days before your court date. If you have less than four
days, make sure you file your documents as soon as possible.
You need to file your:
• Form 14: Notice of Motion
• Form 6B: Affidavit of Service
• Form 14A: Affidavit
• Form 13: Financial Statement
Your court file is called the continuing record. It has all the important documents in your case that
you want the judge to look at.
The continuing record has 2 parts:
• The endorsement volume has all the endorsements and court orders the judge made in your
case. An endorsement is the written directions a judge gives you and your partner that says
what you must do or not do.
• The documents volume has most of the documents you and your partner file in your case.
For example, your Applications, Answers, Replies, affidavits of service, financial
statements, motions, and affidavits.
When you add a document to the continuing record, you also have to update the table of contents by
listing each document you're filing. Court staff can help you make a continuing record and may help
you figure out where a document goes.
If you have a separation agreement, you may not have a continuing record yet. In that case, the
court may ask you to create one.
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4. Confirm your court date

You must tell the court that you will be at your motion date and that you're ready to go ahead.
You do this by filling out a Form 14C: Confirmation form. Write down the amount of time you
think you'll need, the specific issues that will be discussed, and the documents the judge should
read.
You can fax the form or take it to the courthouse in person.
Do this no later than 2:00 p.m. at least two days before your motion date. If you miss this deadline,
the court may not hear your motion.
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5. Go to your court hearing

The day's list of cases is usually posted on a board near the entrance to the court or outside the
courtroom. If you have trouble finding it, ask at the court counter.
Make sure you bring copies of all of the documents you filed with the court.
Before you see the judge, you should talk to duty counsel if they are available in your court
location. These are lawyers in family court that can give you some legal advice and help the day
you're in court if your income is low enough.
You should also talk with the lawyer from the Family Responsibility Office (FRO). They will call
your name in the waiting room. You may be able to make a voluntary payment plan where you
agree to a payment schedule you can afford.
The FRO usually requires that your payment plan include your monthly support payments plus an
additional amount toward the support owing. The FRO cannot agree to change the amount of
support.
If you and the FRO lawyer agree on payment terms, you can get a refraining order on consent. This
means you both agree to the order. If you do not reach an agreement, the judge decides.
The judge will have all the documents you filed. The judge may have questions for you, so be
prepared to speak in the courtroom. You should stand up when speaking to a judge. Remove your
hat and don't chew gum when you're in court. And turn off your cellphone.
If you're successful and the judge gives you a refraining order, you must start a motion to change
your support order within 20 days. A motion to change is the only way to change the terms of the
support agreement or order.
If you don't do this, the FRO can ask the Registrar of Motor Vehicles to suspend your driver's
licence.
The judge may also make other orders, like asking you to:
• Provide financial information to the FRO.
• Make payments on the arrears, that is, the support payments owing.
• Make ongoing payments of child support.
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4. Think about retroactive support

3. Get help from the Family Responsibility Office

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(XIII) What should we do if we can't agree on child support? 79

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Special or extraordinary expenses

Paying support through the FRO

(I) What is child support?

1. Decide who pays child support

Child support is separate from access

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2. Calculate the income of the payor parent

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3. Figure out who is a dependent child

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4. Calculate the table amount of child support

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(II) Who pays child support?

Child support is separate from access

Who the law says is a parent

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Step-parents and others with a parent-like relationship with the child

When another parent is already paying child support

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(III) How much child support must be paid?

1. Figure out the basic table amount

Pick the right table

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2. Decide if there are special or extraordinary expenses

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3. Decide if there are reasons for less support

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4. Think about retroactive support

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5. Think about children over the age of majority

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(IV) What are special or extraordinary expenses?

1. Show the expense is reasonable

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2. Show the expense is necessary

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3. Figure out if your child is a dependent

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4. Divide the expense

Share financial information

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(V) When can a parent pay less child support?

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Children over the age of majority

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(VI) My partner isn't paying child support. What should I do?

Child support is separate from access

1. Talk to your partner

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2. Get help from a family law professional

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