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Child Support and Spousal Issues

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Child and Spousal Support

Child and Spousal Support Lawyer Toronto

After a divorce/separation, there is a duty on behalf of a spouse to remain responsible to support all members of the family to the best of his or her ability through support payments.

Essentially, child support is calculated according to the spouses’ income. Divorcemate contains a calculation that provides both the amount of child support, and a low, mid and high range for spousal support, if appropriate. In terms of child support, should a payor’s income exceed $150,000, the table amount may be inappropriate. In terms of spousal support, the calculation includes a range of duration, according to years.

In some circumstances, a spouse will commence the Application with a narrative that includes derogatory comments against the other spouse, in relation to child rearing, so as to reduce the amount of child support and/or to use the children as a bargaining chip, to resolve equalization.

As a general principle, when a spouse stays at home to raise the children, he/she has been removed from the workplace and as a consequence, it is unrealistic to expect that he/she will obtain a decent paying job. Spousal support becomes necessary and depending on the age of the spouse, is for an extended period of time.

It is, however, unrealistic and unfair that the spouse will simply be able to collect for the remainder of his/her lifetime. There is an obligation to make significant efforts including retraining.

I advocate for fairness on behalf of women and men, and the traditional values of one spouse working and the other staying at home to raise the children no longer applies to our society, especially considering the cost of real estate in Toronto and outlying areas. Further, it is logical to assume that with only one spouse having the ability to earn a living, it creates an imbalance in the relationship.

In my experience, for self-employed payors, his/her highest earning capacity appears to be prior to or on the date of separation, a purposeful attempt to decrease his/her income for support purposes. However, the payee is not helpless, since he/she can argue that there be an “imputation” of higher income, for support purposes.

There are so many tricks in the land of Family Law, including hiding assets, transferring income to a third-party or future spouse, hiding bank accounts, using others to “park” their income, not disclosing their other employment, to name a few. The law, however is long standing and crystal clear: each spouse is obliged to provide full and complete and ongoing financial disclosure.

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Frequently Asked Questions

How is child support calculated in Toronto? 

Child support in Toronto is calculated using the Federal Child Support Guidelines, based primarily on the paying parent’s income and the number of children. When a parent is self-employed or earns above certain thresholds, reported income may not reflect actual earning capacity — and courts can assess and impute a more appropriate income figure. 

How does child support work in Ontario? 

After separation in Ontario, one parent typically pays child support to the other based on income and parenting arrangements. Base support covers everyday expenses; special or extraordinary expenses — like childcare, tutoring, or medical costs — may be shared on top of that. See also: separation agreements for how support terms are formalized. 

What does child support cover in Ontario? 

Child support in Ontario covers a child’s everyday living expenses — housing, food, clothing, and routine needs. Additional costs such as daycare, extracurricular activities, post-secondary education, and certain medical or dental expenses may also need to be shared, either as special expenses or addressed in a separation agreement. 

When does child support end in Ontario? 

Child support in Ontario generally continues until a child turns 18, but may extend further if the child remains dependent — for example, while attending post-secondary school or where they are unable to become financially independent for another valid reason. The end date is not always automatic, and disputes about continuation are common. 

How is spousal support calculated in Toronto? 

Spousal support in Toronto is commonly assessed using the Spousal Support Advisory Guidelines, which provide a range based on the parties’ incomes and the length of the relationship. These are guidelines, not strict rules — the final amount and duration depend on the specific facts, including financial need, earning capacity, and fairness. Complex income situations require detailed legal analysis. 

How does spousal support work in Ontario? 

Spousal support in Ontario is financial assistance paid by one spouse to the other after separation to address economic disadvantage or disparity. It is not automatic — eligibility depends on the length of the relationship, roles during the marriage, income differences, and each party’s ability to become self-sufficient. 

How long does spousal support last in Ontario? 

The duration of spousal support in Ontario depends on the length of the relationship and the receiving spouse’s circumstances. Shorter relationships typically result in time-limited support; longer marriages may lead to extended or indefinite support. There is generally an expectation that the recipient will work toward financial independence over time. 

Can income be imputed for child or spousal support in Ontario? 

Yes. Ontario courts can impute income — assign a higher income than what is reported — where a parent or spouse is deliberately underemployed, self-employed with unreported income, or manipulating their finances to reduce support obligations. Imputation ensures support is based on true earning capacity rather than strategic reporting. 

What happens if a spouse hides income in Ontario? 

Hiding income in an Ontario family law matter is a serious violation of the disclosure obligations both parties owe. Courts can impute income, order production of financial records, and draw adverse inferences where disclosure is incomplete or misleading. The consequences can directly affect the outcome of both support and property proceedings. 

What financial disclosure is required for support in Ontario? 

Both parties must provide complete financial disclosure in Ontario support proceedings — including tax returns, notices of assessment, pay stubs, business records, and asset and liability details. Disclosure is ongoing and must be updated as circumstances change. See also: property equalization and disclosure obligations. 

 

Child and spousal support disputes — especially those involving hidden income, self-employment, or complex finances — require careful legal analysis. Marcy Segal provides experienced support representation in Toronto. Reach out to discuss your situation.