How is child support calculated in Ontario?
If you are the access parent (i.e. the child is living primarily with your spouse), you will be required to pay child support. Child support is made up of two parts:
- A basic or table amount. The basic or table amount of child support can be found in the Child Support Guidelines. Click here to access the tables for Ontario.
- A proportionate share of special or extraordinary expenses. This covers expenses such as the portion of medical and dental insurance premiums that relate to the child, health-related expenses that exceed insurance reimbursement by at least $100/year, and expenses for secondary school education or for any other educational program that meets the child's particular needs. The cost of extra-curricular activities may be included in this category. Whether or not an extracurricular activity is considered a special or extraordinary expense will be determined by factors such as whether the child engaged in said activity prior to separation and the means of the parties.
Child support, according to the law, is the right of the child, as opposed to a right of the parents. The money is supposed to be used in order to support and maintain the child. Child support is mandatory in Ontario and is legislated by the Child Support Guidelines.
Where the payor (or the person required to pay child support) is a salaried employee, the calculation of his or her income is a more straightforward exercise. Where the payor is self-employed, complexities can arise involving the determination of that person's income.
If you are the parent receiving the child support payments, it is important that the actual current quantums of special or extraordinary expenses are outlined. This is because the Family Responsibility Office (often referred to as FRO) will only enforce quantums that are specifically specified in an order or an agreement.
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