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Demystifying Child Support Payments: Common FAQs Answered

Oct 19, 2023

Does child support change every year?

Child  support is usually adjusted every year based on your line 1500 income  from the previous year as indicated on your income tax return. This may  not be the case if you and your ex-partner have come to an alternate  agreement. When you first start paying support, you should use the most  recent income information available to you when consulting the Child Support Guideline tables.


What is the difference between child support and child tax benefit?

Child  support is payable by a parent after a separation or divorce. The  Ontario Child Benefit, which is commonly referred to as the “child tax  benefit”, is a payment received from the provincial government based on  household income and the parenting time arrangement.


How do I change payment method of child support?

How you pay child support will depend on what was agreed to or ordered.


If  you and your ex-spouse have agreed on one method of payment and you  wish to change the method of payment, approach them and ask to make the  change. If they are in agreement, write out what you have agreed to,  sign and date the agreement, and make the change.


If  the Family Responsibility Office (FRO) is involved and they are  garnishing your wage, and you do not want them to and would rather pay  your ex-partner directly, they will need to sign and submit a Notice of  Withdrawal. Follow this link for the Notice of Withdrawal: https://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/GetFileAttach/006-FRO-006E~2/$File/FRO-006E.pdf


If  you want to change any term of a support agreement or a final court  order, but your ex-partner does not agree to the changes, you must file a  Motion to Change. Visit  getsmartforms.ca to access fillable and user-friendly motion to change forms.


What income amount is used for child support?

When you first start paying support, you should use the most recent income information you have when consulting the Child Support Guideline tables. Child support is calculated based on your gross income. If you are paid as employee, use your line 1500 income.

Other  sources of income (such as rental income) will also be considered  income for the purposes of child support. You should consult a lawyer  with respect to whether certain deductions are applicable to additional  income for the purposes of child support.


What changes child support?

A change in income changes what you owe in child support.


Does marriage change child support?

No, whether you are married or common-law does not affect whether you owe child support or how much you owe.


Can you change child support without going to court?

Yes, you can adjust child support if both parties agree to the adjustment. Please visit: https://www.ontario.ca/page/set-up-or-update-child-support-online#section-1for more information.


If both parties agree to adjust a court order, you can jointly file a Consent Motion to Change. You can find that form here: https://ontariocourtforms.on.ca/en/family-law-rules-forms/.


You  cannot change child support pursuant to a court order if your  ex-partner does not agree to the change. If this is the case, you need  to file a Motion to Change. Visit getsmartforms.ca  to access fillable and user-friendly motion to change forms.

Samantha Prescott

Samantha Prescott

Lawyer