Child Support and Spousal Support

The Child Support Guidelines (the federal Guidelines for divorcing spouses and Ontario's Guidelines in most other cases) set a basic monthly "table amount" based on the paying parent's annual income and the number of children. The calculation can change where each parent has the children at least 40% of the time, where children live with different parents, or where a parent's income is over $150,000.

Sometimes called "section 7 expenses", they are costs on top of the table amount, such as child care, health costs not covered by insurance, some educational programs, post-secondary education and some extracurricular activities. They are usually shared between the parents in proportion to their incomes, after considering whether each expense is reasonable and necessary.

Married spouses can claim spousal support. Under Ontario's Family Law Act, unmarried partners can also claim if they lived together continuously for at least three years, or were in a relationship of some permanence and are the parents of a child. A person must show entitlement, for example because of the economic consequences of the relationship (compensatory), financial need, or an agreement.

The Spousal Support Advisory Guidelines are commonly used to produce a range for the amount and duration, based mainly on the spouses' incomes, the length of the relationship and whether there are children. The guidelines are advisory, not law, and the facts of each case can move the result within or outside the range.

Yes. Support can be varied when there has been a material change in circumstances, such as a significant change in income or in where the children live. In Ontario, the Family Responsibility Office enforces most support orders and many registered agreements.