What is the Child Support Amount for One Kid in Ontario?
We get this question in our office all the time: “How much child support will I have to pay for my kid?” Unfortunately, the question defies an easy answer. There are a lot of “moving parts” to the equation.
With this in mind, we’ll first untangle the legal foundation for answering that query, and then look at how the support numbers are calculated. Then, we’ll give a fact-specific example.
The Legal Foundation
There are a few preliminary points to know about the child support amounts in Ontario:
- Statutory Basis. Child support is a legal obligation that parents have towards their children. In Ontario, it arises under Family Law Act (FLA) (for unmarried parents) and the Divorce Act (for married/divorced ones). Both statutes incorporate the Federal Child Support Guidelines (“Guidelines”), which are designed to ensure consistency, fairness, and transparency in the calculation of child support across Canada.
- Multiple Factors. As detailed below, the Guidelines primarily take into account the income of the paying parent, the number of children requiring support, and any special or extraordinary expenses related to the child’s needs. The underlying principle is that children should benefit from the financial means of both parents, even if they no longer live together.
- Child’s Best Interests. Regardless of whether the parents are married or not, the child’s right to financial support from both of them, and the child’s best interests, remain paramount in any calculation.
- The Courts Decide. Family lawyers use the Guidelines to help their clients determine the amount of child support that should be paid in any given case. If the parents cannot agree, then it is up to the Family Courts to make a ruling that resolves their dispute.
Specific Factors Considered
Next, let’s look at some of the specific criteria that courts will consider, when asked to determine how much child support should be paid.
As mentioned, child support in Ontario is governed by clear legal frameworks. The Guidelines help calculate appropriate support amounts based on the parents’ incomes and the child’s needs, and help ensure there are fair and consistent amounts. The key factors are:
- Gross Annual Income of the Paying Parent: This income includes salary, bonuses, self-employment income, and other financial benefits.
- Number of Children: The amount of support will vary by how many children there are.
- Custody and Parenting Arrangements: The time each parent spends with the child can affect the support amount.
- Special or Extraordinary Expenses: This includes the costs for daycare, medical care, or extracurricular activities, and will tend to increase the child support owed.
Courts keep the child’s best interests uppermost; they try to ensure that the child’s standard of living is maintained post-separation, while still balancing the overall fairness of the situation.
Related:A Breakdown of Child Support Calculations and Modifications
Example: One Child, With Parents Earning Equally
Now let’s consider a specific scenario. We’ll assume there is a single child, with no siblings, no shared custody, and each parent earns approximately $60,000 annually.
The Guidelines provide a straightforward table: After inputting these parameters, the support amount is currently about $556 per month.
However, the parents might have a shared custody arrangement (meaning the child spends at least 40% of the time with each parent). In that case, the support obligation will usually be adjusted – or “set off” – to reflect the time each parent spends with the child. The parent with the higher support obligation can offset it by the amount payable by the parent with the lower amount. Then he or she only pays the difference. In some cases, the support obligations may even cancel each other out.
Related: Ontario Child Support Calculator
Conclusion
As this Blog emphasizes, the amount of child support that is appropriate for your circumstances will vary according to many factors. Always be sure to get tailored advice from an experienced Family Lawyer, who will take your unique circumstances into account. If you have any questions or need assistance with child support, please don’t hesitate to give our offices a call. We’re here to help guide you through the process and provide the support you need