Child Support

Child support includes two components: “Table child support” and contribution to a child’s “special or extraordinary expenses” (commonly referred to as “Section 7 expenses”).

Child support includes two components: “Table child support” and contribution to a child’s “special or extraordinary expenses” (commonly referred to as “Section 7 expenses”).

Table child support is a base amount paid by the parent with less parenting time to the parent with whom the child primarily resides. It is intended to cover the child’s basic needs, including food, clothing, and shelter. The amount is determined by the payor’s income, the number of children, and the applicable Child Support Guidelines. In situations involving shared parenting arrangements, where each parent has the child at least 40% of the time, the calculation becomes more complex.

Special or extraordinary expenses, or Section 7 expenses are additional expenses the parties may share proportionately to their respective incomes. These expenses include the following:

• • child care expenses incurred as a result of the employment, illness, disability or education or training for employment of the spouse who has the majority of parenting time;
  • that portion of the medical and dental insurance premiums attributable to the child;
  • health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses;
  • extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child’s particular needs;
  • expenses for post-secondary education; and
  • extraordinary expenses for extracurricular activities.

Since families have differing financial means and spending patterns, the determination of Section 7 expenses requires consideration of both necessity in relation to the child’s best interests and reasonableness in relation to the parents’ and child’s financial circumstances and the family’s historical spending patterns before separation.

For married spouses, child support is governed by the federal Divorce Act and the Federal Child Support Guidelines. For unmarried parents, child support is governed by the Ontario Family Law Act and the Ontario Child Support Guidelines.