Understanding Spousal and Child Support

Child support payments are calculated using the Child Support Guidelines, which consider the payor’s income and the number of children involved.

Yes, support can be modified if there is a significant change in circumstances, such as a change in income or financial needs. 

In Ontario, shared custody occurs when each parent has the child at least 40% of the time (146 days/year). In these cases, child support isn’t just a simple set-off calculation—courts apply a combined approach, assessing each parent’s means and circumstances, along with their respective obligations under the Child Support Guidelines. This nuanced approach ensures support payments fairly reflect both parents’ income and actual parenting responsibilities.

In Ontario, retroactive child support may be available if you’ve previously received inadequate or no support. Courts usually limit retroactive support to three years before this notice, but exceptions apply if the paying parent concealed income or acted improperly. Eligibility and calculations are complex, so consulting a family lawyer is strongly recommended.

If you suspect your ex-partner is underreporting their income to avoid child support obligations, Ontario courts can impute income—meaning they assign a higher income than claimed—to ensure support payments reflect true earning capacity. This often involves working closely with professionals such as forensic accountants or financial experts who help uncover hidden income or assets. It’s crucial to consult a family lawyer and financial professionals who can accurately assess your ex’s income, advocate effectively in court, and ensure you receive the child support you’re entitled to.