How is child support and spousal support decided in Ontario after separation?
Child support follows the Federal Child Support Guidelines table based on payor income and number of children; spousal support is discretionary and assessed on entitlement first, then amount and duration.
Child support in Ontario is formulaic. The table amount under the Federal Child Support Guidelines is driven by the payor's annual income and the number of children, with section 7 special or extraordinary expenses — childcare, health costs, activities — shared in proportion to income. In shared-parenting arrangements the set-off approach applies, but the court retains discretion where the arrangement increases costs.
Spousal support is different. There is no automatic entitlement: the claimant must establish a compensatory, contractual or needs-based basis. Only once entitlement is made out do the Spousal Support Advisory Guidelines suggest a range for amount and duration, and those ranges are advisory, not binding.
Full and accurate financial disclosure is the foundation of both. Support orders and agreements are routinely set aside where income was understated or disclosure was incomplete.
Source: Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) · Family Law Act, R.S.O. 1990, c. F.3
This work is handled by Leena Kumar (Family law / separation). Read more about family law / separation at VK Law Group, or send us the facts and we will tell you where you stand.
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