What Is The Ontario Child Support Calculator?
Child support payments in Ontario are calculated using the government of Canada’s Child Support Guidelines, a set of tables that list the amount of child support payable based on the paying parent's income and number of children. The Guidelines are used by the courts to determine child support awards, and they can also be used by parents negotiating a child support agreement.
The government of Canada releases its Child Support Guidelines every few years, with the latest being released in November, 2017. Unfortunately for Canadians, though, the data is formatted like this:
Rather than sifting through nasty PDF documents, we built the Ontario Child Support Calculator to give you the child support amounts you’re looking for in a few clicks. The calculator can be especially useful if you’re a parent who’s starting a family court case in Ontario.
How The Ontario Child Support Calculator Works
There are two factors that determine how much child support a parent in Ontario has to pay:
- Income: The higher your income, the more child support you have to pay. The amount of child support owed is calculated by multiplying your income by a percentage that is based on the number of children you have.
- Number of children: The more children under the age of 18 you have, the more child support you have to pay. The monthly child support amount does not increase after six children, which is why the calculator goes from 1 to 6+.
The calculations given by the Ontario Child Support Calculator represent sole custody situations, where the children live with one parent more than 60% of the time. If you have shared custody, you may be able to reduce the amount of child support you pay.
How are child support payments calculated in Ontario?
The Ontario Child Support Calculator are only a starting point for calculating child support. The court or the parties may adjust the amount of child support based on the specific circumstances of the case. For example, the court may consider the paying parent's ability to pay, the needs of the children, and the shared parenting arrangement.
If you and the other parent agree on child support payments, you can ask the court to approve your agreement, which may be approved even if your agreement is not in line with the Child Support Guidelines. If one parent later asks to change the agreement, the court may use the guidelines to calculate the new amount.
What are Ontario’s child support laws based on?
Ontario's family court system is rooted in two pieces of legislation: the Divorce Act and the Family Law Act:
- The Divorce Act states that the court must make a child support order in every divorce case. The amount of child support is determined by the Child Support Guidelines.
- The Family Law Act states that the court can make a child support order in any case where there are children involved, even if the parents are not married. The amount of child support is determined by the Child Support Guidelines, but the court has more discretion to adjust the amount based on the specific circumstances of the case
As with all legal matters, it’s best to consult a lawyer directly or a Courts Administration worker at your local Ontario Court of Justice or Superior Court of Ontario office.
Ontario Child Support Calculator FAQs
What if I can’t afford child support?
If you can’t afford child support, you can ask the court to waive your child support payments. Whether the court approves this request or not is at its discretion.
What happens if I fall behind on child support payments?
If you fall behind on child support payments, you may be ordered to pay interest and penalties on top of the original child support payments. As a result, we strongly recommend paying any child support payments on time.
How is child support calculated with 50 50 custody in Ontario?
Child support with 50/50 custody in Ontario is calculated using the same Child Support Guidelines. However, the amount of child support may be reduced if the parents have a shared parenting arrangement. The court or the parties may adjust the amount of child support based on the specific circumstances of the case.
What is the age of majority for child support in Ontario?
The age of majority for child support in Ontario is 18 years old. However, child support may continue to be paid after the child turns 18 if the child is still in school or has a disability.
How much is alimony and child support in Ontario?
Alimony and child support are two different things. Alimony is a payment made by one spouse to the other spouse after a divorce. Child support is a payment made by one parent to the other parent to help support their children. The amount of alimony and child support that is payable is determined by the court based on the specific circumstances of the case.
Is child support based on household income in Ontario?
Child support in Ontario is based on the paying parent's income. The amount of child support is calculated by multiplying the paying parent's income by a percentage that is based on the number of children.
How do I avoid paying child support in Ontario?
There is no way to avoid paying child support in Ontario. Child support is a legal obligation that is imposed by the court. If you do not pay child support, you may be held in contempt of court and could be fined or even jailed.
Is child support mandatory in Ontario?
Child support is mandatory in Ontario. If you have children, you are legally obligated to pay child support to the other parent, even if you are not married to the other parent.
Who pays child support in a divorce Ontario?
In a divorce in Ontario, the paying parent is usually responsible for paying child support. However, there are some exceptions. For example, if the paying parent has a low income, the court may order the receiving parent to pay child support.
Is child support taxable in Ontario?
Yes, child support is taxable in Ontario. The paying parent can claim child support payments as a deduction on their income tax return. The receiving parent must include child support payments as income on their income tax return.
Does child support go down if the father has another baby in Ontario?
Child support does not go down if the father has another baby. The amount of child support is based on the paying parent's income and the number of children. The number of children does not change if the father has another baby.
How often do fathers get 50/50 custody in Ontario?
In Ontario, fathers get 50/50 custody in about 20% of cases. The number of fathers getting 50/50 custody is increasing, but it is still not the norm.
Can you negotiate child support in Ontario?
Yes, you can negotiate child support in Ontario. If you and the other parent can agree on an amount of child support, you can file a consent order with the court. The court will then approve the consent order and it will become a court order.