Child Support Lawyer in Mississauga

Child support should be simple: a table amount based on income. In practice, disputes come up all the time over what a parent really earns, who pays for braces, tutoring and hockey, what happens under a shared schedule, and what to do when payments stop. The child support lawyers in our family law practice help Mississauga parents on both sides get the numbers right and make them stick. We serve families in English and Arabic.

Call 905-361-9791 or book a consultation.

How child support is calculated in Ontario

Child support is set by the Federal Child Support Guidelines for married parents divorcing under the Divorce Act, and by the nearly identical Ontario Child Support Guidelines for everyone else. There are two main parts:

  1. The table amount. A monthly amount based on the paying parent’s annual income and the number of children.
  2. Section 7 special or extraordinary expenses. Shared between the parents in proportion to their incomes.

Child support is the right of the child. Parents can’t agree to waive it or set it below the Guidelines without good reason, and a court can review any agreement that does.

Section 7 special and extraordinary expenses

On top of the table amount, parents share reasonable and necessary expenses such as:

  • Child care costs related to work, school or illness.
  • Health and dental costs not covered by insurance, such as orthodontics, therapy and prescriptions.
  • Extraordinary education costs, such as private school or tutoring for special needs.
  • Post-secondary education.
  • Extraordinary extracurricular activities.

Whether a particular expense qualifies, and how much each parent pays, is one of the most common disputes we resolve.

Special situations

Situation How support is affected
Shared parenting (each parent has the child at least 40% of the time) Support is calculated by setting off each parent’s table amount, then adjusting for actual costs (s. 9)
Split parenting (each parent has one or more children) Each parent pays the table amount for the children with the other, and the amounts are set off
Income over $150,000 The court can adjust the table amount above that level
Self-employed or corporate income Income may need to be adjusted for business expenses, retained earnings and personal benefits
Underemployed parent The court can impute income (s. 19) if a parent is intentionally earning less than they could
Children over 18 Support usually continues while the child is in full-time post-secondary education
Undue hardship In rare cases, the amount can be reduced (s. 10)
Income earned abroad Foreign income must be disclosed and counted

Changing, backdating or enforcing child support

  • Variation. If income or parenting time changes significantly, support can be varied by agreement or by court order.
  • Annual disclosure. Parents can request updated income information each year.
  • Retroactive support. The Supreme Court of Canada (Michel v. Graydon, Colucci v. Colucci) has made it easier to claim support that should have been paid in the past, and to seek a retroactive decrease where income dropped. There are important time limits and considerations.
  • Enforcement. Most support orders are filed with Ontario’s Family Responsibility Office (FRO), which can garnish wages and bank accounts, suspend a driver’s licence and passport, and report to credit bureaus.

How we help

  • Calculate accurate Guideline support, including complex self-employment and corporate income.
  • Negotiate section 7 expenses and shared-parenting adjustments.
  • Prepare and review financial disclosure (Form 13 or 13.1).
  • Bring or respond to motions to change, retroactive claims and imputation arguments.
  • Deal with FRO enforcement and arrears.
  • Serve clients in English and Arabic.
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Frequently asked questions

How much child support will I pay in Ontario?

It depends on your income and the number of children. The Guidelines tables set a monthly amount at each income level, plus a proportional share of any section 7 expenses. We can calculate the exact figure for your situation.

Does child support change if we share 50/50 parenting time?

Yes. If each parent has the children at least 40% of the time, support is usually the difference between each parent’s table amounts, adjusted for actual costs. It rarely drops to zero unless incomes are similar.

Can we agree on no child support?

Child support belongs to the child. An agreement that waives it or sets it below the Guidelines can be set aside by a court. There are limited situations where a different arrangement is reasonable.

What if the other parent is hiding income?

The court can impute income based on lifestyle, business records, bank statements and earning capacity. We obtain full disclosure and, where needed, work with financial experts.

Is child support taxable in Canada?

No. Child support paid under orders or agreements made after April 30, 1997 is not taxable to the recipient or deductible for the payer.

How long does child support last?

Generally until the child turns 18. It often continues while the child is in full-time post-secondary education, or longer if the child can’t become independent because of illness or disability.

Related services

  • Family Law
  • Child Custody Lawyer
  • Spousal Support Lawyer
  • Divorce Lawyer
  • Article: Interim child support orders
  • Article: How child and spousal support are determined

Speak to a Mississauga child support lawyer

Call 905-361-9791 or book a consultation in English or Arabic.


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