Understanding what child support covers is essential for any parent navigating separation or divorce in Ontario. Whether you are the payor or the recipient, gaining clarity on the scope of child support, from basic expenses to special costs, can help you protect your child’s well-being and make legally informed decisions.
At Nussbaum Law, we regularly advise clients on the full scope of child support under Ontario and federal law. Many parents are unaware that support extends beyond basic living expenses and can include special and extraordinary costs, depending on the child’s needs and the family’s financial circumstances.
What You Will Learn in This Guide
- The legal definition of child support in Ontario
- A breakdown of basic expenses such as food, clothing, and shelter
- A detailed explanation of Section 7 special or extraordinary expenses
- When child support begins and ends, including exceptions for adult children
- What is considered for private school tuition, extracurricular activities, and special needs
- How child maintenance applies once a child turns 18
Whether you are preparing for a legal proceeding or simply need clarity about your responsibilities, this guide will walk you through the legal framework with examples, references to legislation, and insights from our experienced family lawyers.
What Is Child Support in Ontario?
Child support is a court-ordered financial obligation in which one parent, typically the non-custodial parent, pays a set amount to the custodial parent to help cover the cost of raising a child. This support is mandated under the Federal Child Support Guidelines and enforced through either the Divorce Act or Ontario’s Family Law Act, depending on the circumstances of the parents’ relationship.
The parent who receives child support is usually the one with primary care of the child, including providing the main residence and covering day-to-day expenses. The paying parent is often referred to as the payor.
Importantly, child support is the right of the child, not the parent. It is designed to ensure that children receive the financial support they need to maintain a consistent and healthy standard of living, regardless of their parents’ marital status.
Child support can be ongoing or retroactive. Retroactive child support refers to support that should have been paid in the past but was missed or underpaid. In determining retroactive support, courts may consider the child’s best interests, the reason for the delay in requesting support, the conduct of the payor, and any hardship resulting from the underpayment.
Our Child Custody Lawyers in Toronto have helped hundreds of clients navigate and understand their child support and Custody obligations.
Is Child Support Mandatory in Ontario?
Yes, child support is mandatory in Ontario. Being a parent to a child results in an obligation being formed in which that parent must support the child. This holds true for all parents, including married, common law, biological, adoptive and estranged, parents. Women may also be required to pay child support, depending on custody arrangements and income.
What Are the Typical Expenses Covered by Child Support?
Understanding what child support covers is key to making informed decisions as a parent. Many assume it’s limited to food and clothing, but Ontario’s legal framework goes much further to ensure children’s needs are fully supported. The Federal Child Support Guidelines provide both the foundation and flexibility to account for the evolving realities of parenting after separation.
Basic Child Support Expenses
At a basic level, child support is meant to provide for a child’s everyday needs – the kind of expenses that keep daily life stable and predictable. This includes:
- Food
- Clothing
- School-related costs and supplies
- Transportation
- Additional housing costs such as increased rent or utilities
- Other day-to-day necessities
These are covered by the table amount outlined in the Federal Child Support Tables. The amount is calculated based on the payor parent’s gross annual income and the number of children involved. This structure helps create consistency and fairness across households, offering a reliable foundation for both parents and children.
Special or Extraordinary Expenses (Section 7)
Some needs go beyond the basics. A child who requires braces, specialized tutoring, therapy, or help with university tuition has needs that are just as real, and often more costly. That’s where Section 7 of the Federal Child Support Guidelines comes in.
These additional costs are referred to as special or extraordinary expenses. Courts may order them to be shared by both parents, in proportion to their incomes, when the expenses meet three criteria:
- They are necessary and in the child’s best interests
- They are reasonable based on the financial means of both parents
- They are consistent with the family’s standard of living before separation
These expenses can include:
- Child care needed due to a parent’s work, education, illness, or disability
- Medical and dental insurance premiums for the child
- Health-related expenses that exceed $100 per year and aren’t covered by insurance, such as orthodontics, vision care, therapy, or medication
- Private school or specialized education programs
- Post-secondary tuition and related costs
- Extracurricular activities that are unusually expensive or vital to the child’s development
What Qualifies as an Extraordinary Expense?
Not every activity qualifies just because it costs money. Courts will examine whether the expense is truly above and beyond what a parent can reasonably be expected to cover. According to Section 7(1.1), several factors are considered:
- The total cost in relation to the parent’s income
- The nature and number of activities
- Any special needs or talents the child may have
- The family’s financial habits prior to separation
The goal is to distinguish between what is enriching and what is essential, ensuring the system protects the child’s interests without creating undue hardship.
How the Table Amount and Section 7 Work Together
Think of the table amount as the financial baseline. It covers life’s everyday rhythm: groceries, clothes, transit, and housing. To estimate this amount based on income and number of children, parents can refer to the Federal Child Support Calculator provided by the Department of Justice.
Section 7 expenses represent the moments that rise above that rhythm: the unexpected needs, the educational leaps, the medical essentials.
Together, these two components ensure that child support in Ontario is not only consistent but responsive. It is a system designed to meet a child’s core needs today while preparing them for a better tomorrow.
When Does Child Support Begin in Ontario?
Child support obligations for a parent payor begin on the child’s date of birth. Alternatively, for stepparents, child support begins during the point at which the stepparent has “demonstrated a settled intention” to treat the child as a member of their family, pursuant to section 1 of the Family Law Act.
When Does Child Support End in Ontario?
Many parents assume that child support ends the moment a child turns 18, but in Ontario, the legal answer is often more nuanced. Depending on your situation, support can continue well into adulthood, especially if the child is still financially dependent. There are also circumstances where child support can be cancelled, depending on the child’s status and the terms of the support order. To understand the full picture, it’s important to look at both Ontario’s Family Law Act and the federal Divorce Act.
Does Child Support End at Age 18?
While 18 is widely seen as the age of majority, the law recognizes that not every child becomes independent at that point. In fact, a child may still qualify for support if they are continuing in school, managing a disability, or unable to support themselves for other valid reasons.
Under Section 31(1) of the Family Law Act, a parent is required to provide support for their unmarried child if that child:
- Is a minor
- Is enrolled in a full-time education program
- Is unable to become self-supporting due to illness, disability, or another cause
What the Law Says About Adult Children
The federal Divorce Act uses similar criteria to determine whether a child qualifies for continued support. It defines a “child of the marriage” as someone who:
- Has not yet reached the age of majority and remains under the parents’ care
- Is over the age of majority but cannot support themselves due to illness, disability, or another valid reason
Notably, courts have interpreted “other cause” to include full-time post-secondary education. This means that if your child is enrolled in university or college and is still dependent, child support may still apply.
Exceptions Based on Education, Illness, or Dependency
Child support is not one-size-fits-all. The courts consider each family’s circumstances carefully. Support may continue until the child is reasonably able to support themselves – which may mean after graduation, recovery from illness, or the end of a disability.
However, support can end sooner if the child:
- Marries
- Voluntarily leaves home at 16 or older and becomes independent
If you’re unsure how these rules apply to your family, we explore this issue further in our guide on how long you have to pay child support in Ontario, where we break down real scenarios and court considerations.
What Is Included in Child Maintenance?
Child maintenance typically refers to financial support provided for a child who is 18 years of age or older. While child support is often associated with minors, the law in Ontario recognizes that some adult children may still require support if they remain financially dependent. This often applies in cases where the child is attending school full-time, living with a disability, or facing other personal challenges that prevent self-sufficiency.
Just like support for younger children, child maintenance aims to ensure that adult children have access to essential needs such as food, shelter, education, and healthcare.
How Is Child Maintenance Calculated?
The Federal Child Support Guidelines provide two possible approaches to determining how much support should be paid when a child is over the age of majority. These are outlined in Section 3(2) of the guidelines:
“3 (2) Unless otherwise provided under these guidelines, where a child to whom an order for the support of a child relates is the age of majority or over, the amount of an order for the support of a child is:
(a) the amount determined by applying these guidelines as if the child were under the age of majority; or
(b) if the court considers that approach to be inappropriate, the amount that it considers appropriate, having regard to the condition, means, needs, and other circumstances of the child and the financial ability of each parent or spouse to contribute to the support of the child.”
This means that the court can either use the same calculation used for minors or apply a custom amount based on the specific circumstances of the family.
When Does the Court Use a Custom Amount?
A court may consider the standard formula inappropriate in situations where the child lives away from home or attends post-secondary education. In these cases, a number of factors are considered to determine a fair amount of support.
These factors include:
• Whether the child has applied for or is eligible for financial assistance, such as student loans, bursaries, or scholarships
• The child’s income or other financial resources
• The financial ability of each parent to contribute to the child’s support
• The overall costs the child is facing
• Any expectations between the parents and child regarding shared contributions
This gives the court flexibility to determine a support amount that is reasonable based on the child’s needs and the parents’ financial capacities.
What Does This Mean for Parents?
If your child is 18 or older but still financially dependent, you may still be legally obligated to provide support. However, the amount you owe might not follow the same calculation as it did when your child was a minor.
The guiding principle is fairness. The courts aim to ensure that adult children who are pursuing education, living with medical conditions, or facing personal hardship are not left without support. At the same time, they consider what each parent is reasonably able to contribute based on their financial situation.
Are Extracurricular Activities Included in Child Support?
Pursuant to section 7(1)(f) of the Federal Child Support Guidelines, extracurricular activities are included in child support. However, the cost of such extracurricular activities will be considered alongside the necessity of the expense in relation to the child’s best interests, the reasonableness of the expense in relation to the means of the spouses and those of the child, and the family’s spending pattern prior to the separation.
In Forrester v Forrester, [1997] OJ No 3437, the court determined that “the Guidelines do not grant a license to a custodial parent to inject a child into lavish additional activities and demand automatic payment”. Justice Vogelsang found that extracurricular expenses must meet a threshold test of “necessity” and “reasonableness”. The extracurricular activity expenses must also represent unusual costs that are not otherwise covered in the ordinary payments for child support, as those ordinary payments are already included in the table amount to be paid by the payor parent.
Are Private School Fees Included in Child Support?
Private school fees may be included as part of child support, but they are not automatically granted. According to sections 7(1)(d) and (e) of the Federal Child Support Guidelines, private school tuition can be classified as a special or extraordinary expense when certain conditions are met.
To determine whether private school qualifies, the court will consider:
- Whether the expense is necessary in relation to the child’s best interests
- Whether it is reasonable given the financial means of each parent and of the child
- The family’s spending pattern prior to separation
The underlying principle is balance. Courts aim to ensure the child’s educational needs are met without placing undue financial strain on either parent.
How Have Courts Ruled on Private School Expenses?
Courts in Canada have addressed private school fees on a case-by-case basis. Two notable decisions illustrate how context shapes these rulings.
In O(EM) v O(WR), 2003 BCCA 191, the court found that private school expenses for the son qualified as special and extraordinary. He had been bullied in public school and significantly benefitted from the private school environment. However, the same tuition was not approved for his sister, who had done well in public school and did not demonstrate a specific need for private education. The court concluded that her tuition did not meet the threshold for an extraordinary expense.
In Abelson v Mitra, 2008 BCSC 1197, the children had attended private school in the past, and tuition costs increased substantially after a move to West Vancouver. Although public schools were available and met the children’s general needs, the court considered the family’s prior commitment to private schooling. Based on that history, the court determined that the tuition qualified as a special and extraordinary expense.
These rulings demonstrate that necessity, consistency, and context all matter. A child’s previous educational experience, unique needs, and the family’s financial history are all weighed carefully before the court makes a decision.
Are Private Health Insurance Fees Included in Child Support?
Generally, private health insurance fees are contemplated by section 7(1)(b) and (c) of the Federal Child Support Guidelines. The portion of medical and dental insurance premiums attributable to the child or children may be deemed a special expense pursuant to section 7. Additionally, if health-related expenses for the child or children surpass insurance reimbursement by at least $100.00 annually, they may be deemed special expenses pursuant to section 7. Health-related expenses include orthodontic treatment, professional counseling, physiotherapy, occupational therapy, speech therapy, prescription drugs, hearing aids, glasses, and contact lenses
How Does Child Support Cover “Special Needs” Costs?
Many children have special needs, such as a disability, a mental illness, or a developmental delay or disorder. The costs associated with supporting a child with special needs can often exceed what is covered by the table amount of support. The base table amount provided by the Federal Child Support Guidelines may not be sufficient to support a child’s special needs. In this situation, such expenses may be deemed special and extraordinary expenses pursuant to section 7 of the Federal Child Support Guidelines, for which the child’s special needs and talents are taken into consideration.
Making Informed Decisions About Child Support
Child support plays a vital role in safeguarding the well-being and stability of children after a separation or divorce. While the general principles may seem straightforward, the application of those principles often depends on specific family circumstances, legal nuances, and financial details.
Whether you are determining how much support to pay, what expenses are covered, or how long your obligation may last, understanding your rights and responsibilities is essential. In some cases, this may also involve adjusting an existing court order. If you’re navigating spousal support alongside child support, you can learn more about how to change a spousal support order here. Reliable legal guidance can make the difference between confusion and clarity, conflict and resolution.
Speak With a Family Lawyer Today
At Nussbaum Law, we are committed to helping parents navigate the complexities of child support with clarity and confidence. Our experienced family lawyers take the time to understand your unique situation and offer solutions tailored to your needs and your child’s best interests. Learn more about how we support families across Ontario by exploring our child support services.
If you have questions about child support, whether related to payment amounts, extraordinary expenses, adult children, or enforcement, we are here to help.
Contact us today to speak with a knowledgeable family law professional and take the first step toward securing the support your child deserves.
