Child Support & Spousal Support

Child Support: What Many People Don't Know

"We Agreed Not to Pay Child Support" — The Court May Not Accept This

This is one of the most common misconceptions in Chinese-Canadian divorce cases. Many separating couples reach a mutual "agreement" that neither party will pay child support, or simply leave the issue out of their separation documents. They assume that if both parents agree, the court will respect that decision.

The reality is quite different. Based on Miao He's experience handling contested divorces, when child support arrangements are absent or plainly inadequate, judges will issue endorsements requiring the parties to provide further explanation — repeatedly, if necessary, until the children's situation is properly addressed. While there is no explicit statutory provision stating that a divorce order will be withheld for missing child support, this is the practical reality: judges are focused on protecting the children, and they will not simply accept a parental agreement to waive support obligations.

The judge's concern is straightforward: once the divorce is granted, someone needs to be responsible for the children's financial needs.

Child Support Calculation: Fixed by Formula, Not Negotiable

Child support in Ontario is calculated under the Federal Child Support Guidelines, based primarily on the payor's annual income and the number of children. The figures are set by a national table and are not subject to personal negotiation. In addition, children's special and extraordinary expenses — such as school fees, medical costs, and extracurricular activities — are shared between the parents in proportion to their incomes. These are referred to as Section 7 expenses.

Child support is not a number that can be bargained down. If circumstances change — a significant shift in income or parenting time — either party can apply for a variation, but it must be based on a genuine change in circumstances, not simply a change of preference.

When a Spouse Quits to Avoid Support: Ontario Has an Answer

This situation comes up regularly: one spouse, anticipating separation, suddenly resigns, takes a lower-paying position, or claims they cannot find work — all to reduce their child support obligation before proceedings begin.

Ontario family law addresses this directly through the doctrine of imputed income. Where a payor has the capacity to earn but chooses not to, the court can impute income — assigning an income figure based on their historical earnings or their actual cost of living — and calculate support obligations on that basis. Deliberately choosing not to work does not eliminate the support obligation.

Evidence Is Everything — and Evidence Must Be Gathered Early

There is a critical condition: courts do not investigate on their own. The burden of proof rests with the party seeking imputation. You must provide evidence demonstrating the other party's earning capacity, historical income, financial lifestyle, and any pattern suggesting deliberate income reduction.

The problem is that once parties have separated, much of this evidence becomes harder to access. This is yet another reason why early consultation matters. Miao He advises clients before or at the time of separation on exactly what records to preserve and where to find relevant income information — building the evidentiary foundation for proceedings before it disappears.

Spousal Support: Fundamentally Different from Child Support

Spousal support and child support are governed by entirely different legal principles. The key distinctions are:

• Not mandatory in every case: Spousal support does not arise automatically. Courts assess entitlement based on the length of the marriage, the income gap between spouses, career sacrifices one party made during the marriage, and economic disadvantage suffered as a result
• Flexible standards: The Spousal Support Advisory Guidelines (SSAG) provide a reference range, but judges are not required to follow them strictly. Each case is assessed on its specific facts
• Negotiable by agreement: Unlike child support, spousal support can be addressed — and even waived entirely — through a properly executed separation agreement or marriage contract, provided both parties have made complete financial disclosure and obtained independent legal advice

Many Chinese-Canadian clients conflate the two: assuming spousal support is also mandatory, or assuming child support can also be waived by agreement. Clarifying this distinction is the foundation of any effective support strategy.

FRO Enforcement: When the Other Side Refuses to Pay

When a support order exists and the payor refuses to comply, the Family Responsibility Office (FRO) has broad enforcement powers: wage garnishment, bank account seizure, driver's licence suspension, and passport denial. Miao He can also bring a contempt motion directly to the court where FRO enforcement is insufficient or too slow for the circumstances.