When a spouse quits their job after separation, one common concern is whether they can do this to pay less child support. In Ontario, child support is governed by specific legal rules that prevent parents from dodging their obligations simply by reducing their income. This article explains the relevant law and what courts look at when someone intentionally quits work to affect child support payments.
Child Support in Ontario
Child support ensures that both parents contribute financially to their children’s needs after separation or divorce. In Ontario, child support amounts are determined using the Federal Child Support Guidelines, which base support largely on the paying parent’s income.
- The goal is to make sure children continue to receive fair financial support.
- Support is mostly based on income and the number of children.
- The custody arrangements.
Can Someone Quit Their Job to Avoid Child Support?
Some individuals believe that by quitting their job, or deliberately reducing their income they can minimize or completely eliminate their obligation to pay child support.
If a parent believes that the other parent is purposely avoiding payments in this way, they are within their rights to bring their case to the Court’s attention. If the Court believes that the parent is deliberately minimizing or lying about their income to avoid child support payments, the Child Support Guidelines in Ontario empower Courts to impute income to that parent. This means that a Court will estimate what the parents’ income should be and create a support order accordingly.
When Courts May Impute Income
Situations whereby the court is empowered to do so, under the Child Support Guidelines include, but are not limited to circumstances whereby a Court believes that a payor parent is:
- Intentionally under-employed or unemployed;
- Failing to disclose all of their income information;
- Taking unreasonable deductions from their income;
- Failing to be honest when it comes to what they are earning;
- Hiding money;
- Purposely taking on a job that is not suitable for them;
- Failing to reasonably look for suitable work;
- Failing to provide good reason for quitting a job;
- Taking a job with a lower salary on purpose that does not match up to his or her level of experience and or education.
What Happens If Child Support Isn’t Paid
Stopping support without a court order can lead to arrears (back-owed amounts), enforcement actions, and legal consequences — including interest and enforcement through programs like the Family Maintenance Enforcement Program (FMEP) in some provinces.
For more information on child support payments and obligations, contact Krol & Krol at 289.819.3380.
