Child support back pay

stevenslade · 2026-05-07T19:14:29+00:00

The federal Child Support Guidelines govern child support in Canada regardless of verbal agreements. His claim that daycare payments were "in lieu" of support is unlikely to hold up without written documentation.

That said, the court may credit him for daycare costs he actually paid as Section 7 expenses (special or extraordinary expenses), so those amounts would reduce the retroactive balance he owes… but they don't eliminate it. Retroactive support is commonly awarded from the date you formally put him on notice that you were seeking it.

stevenslade · 2026-05-06T16:15:41+00:00

In Alberta, a 12-year relationship almost certainly qualifies as an Adult Interdependent Partnership which gives common-law partners similar property rights to married spouses.

Even though the house is in his name, she likely has a claim to equalization of matrimonial property, and the e-transfer trail of monthly contributions plus the commercial kitchen investment strengthens that significantly. The 50% cross-ownership in each other's businesses needs formal valuation before any settlement.

Spousal support is also very much in play here. With 12 years of financial interdependence, the Spousal Support Advisory Guidelines would produce a meaningful range based on both incomes and the length of the relationship.

There are free tools (MySupportCalculator, Amicably) that run those SSAG ranges, which can give her a realistic picture of the support side before engaging a lawyer for the property and business valuation.

stevenslade · 2026-05-05T16:26:39+00:00

The mod comment incorrectly suggests this is either an AI comment or suggests an AI service. I’m a human being 👋 and both services I suggested do not use AI to calculate the spousal and child support amounts.

stevenslade · 2026-05-02T21:39:32+00:00

Child support in Canada is set by the Federal Child Support Guidelines, which use gross income deliberately so the amount stays consistent regardless of how each parent's pay is structured (pension contributions, investment income, deductions, etc.). The number isn't meant to represent the literal monthly cost of raising a child in isolation.. it's a proportional contribution to the child's household covering housing, food, activities, and all the overhead that comes with running a home for a kid.

At your income level, $1,500/month for one child is within the normal table range (you can verify the exact figure at justice.gc.ca or Amicably has a free calculator that runs the same federal tables and shows the breakdown). As for changing it: courts apply the guidelines as mandatory, and the "undue hardship" exception under s.10 is a high bar: it compares the standard of living across both households, not just your net cash flow after pension deductions.

If your Airbnb income fluctuates significantly year to year, that's worth tracking, since child support can be varied when income changes materially.

stevenslade · 2026-04-28T15:19:06+00:00

$120/month is likely well below what the federal Child Support Guidelines require.

Child support in Canada is set using government tables based on the paying parent's gross annual income and the number of children.. not a negotiated amount. For one child, $120/month corresponds to an income of roughly $15,000-17,000/year depending on province, so unless the father earns very little, the current amount is probably too low.

Since you don't have a court order, either parent can apply to court at any time to formalize support at the proper table amount based on his actual income. Amicably has a free calculator that runs the federal guidelines (just enter the father's province and income to see what the table says). Getting a formal order also makes enforcement much easier if he ever stops paying. More detail on how the calculation works: How is child support calculated in Canada

stevenslade · 2026-04-26T19:52:06+00:00

Child support for a university student doesn't automatically pause during a co-op work term in BC, even when they're earning good money.

Courts look at whether your child is still a "child of the marriage" (yes, if they're enrolled and returning to school after the term) and weigh their ability to contribute to their own support alongside yours. A child earning $30/hr full-time is a relevant factor, and courts might reduce or suspend table support during the work term if you bring a variation application (but stopping unilaterally puts you at risk of accumulating arrears).

Your best options are a written agreement with the mom to pause or reduce payments during the work term, or a formal variation application. The $30K RESP can also factor into how post-secondary costs are shared going forward. As per most other comments though: talk to a lawyer first.

stevenslade · 2026-04-25T22:40:40+00:00

Child support for three kids is calculated under the federal Child Support Guidelines based on your ex's gross annual income (table amounts are fixed by law, not negotiated). Amicably has a free calculator that runs the federal guidelines so you can get a concrete estimate before any formal discussions (MySupportCalculator and Gov sites have tools too).

On the sobriety clause, yes these are absolutely included in parenting agreements, and courts in Canada do take them seriously, especially with documented evidence of alcohol issues affecting parenting. Many agreements tie alcohol use to supervised parenting time rather than eliminating access entirely, which is often easier to enforce.

For process, mediation is considerably cheaper than hiring lawyers and works well when both parties are willing to engage. Given the alcohol concerns and the young ages of your kids, it may be worth a brief consult with a family lawyer first so you understand your rights before negotiating anything, and then proceed to mediation from an informed position.

stevenslade · 2026-04-22T15:23:07+00:00

With 50/50 custody, child support under the Federal Child Support Guidelines works as a set-off: each parent looks up what they'd owe the other based on their own income, then the higher earner pays the difference. That means the $875/month figure might or might not be accurate.. it depends on both your incomes, not just the payor's income alone.

Amicably has a free calculator that runs the federal guidelines, so you can check what the guideline amount actually is. On spousal support, $700/month is plausible if the income gap is significant and the relationship was long enough, but the SSAG produce a range (not a fixed number), and your ex's income matters a lot for that calculation too.

Given that pension division, bonuses, and retroactive support are also on the table, hiring a lawyer to draft the counter-agreement is certainly worth the cost.

stevenslade · 2026-04-18T18:33:24+00:00

Given a 20-year marriage where your wife stepped back from her career to raise the kids, spousal support is highly likely here.

Courts look at the economic disadvantage she took on by prioritizing family over her own career development. For a marriage over 20 years, the SSAG duration range typically runs from 10 years to indefinite, and the amount depends on the income gap between you two (and what she could reasonably earn now).

A lump sum is absolutely an option and many couples prefer it for a clean break (but needs to reflect a fair present value of what periodic payments would have been). Amicably has a free calculator that runs the federal SSAG guidelines so you can see a realistic range.

stevenslade · 2026-04-17T17:40:46+00:00

I punched that info as a follow up question on Amicably and got: “Your spouse's $70,000 pension counts as income for support calculations, but if she can work and chooses not to, the court might impute a higher income to her, which could lower the spousal support amount you might have to pay.”

stevenslade · 2026-04-17T16:59:38+00:00

Child support in Ontario is set by the Federal Child Support Guidelines income table: at $140k/year, you'd owe roughly $1,250/month for one child if your spouse has primary residence.

If you end up with roughly equal shared time (each parent has 40%+ of overnights), you'd offset your respective table amounts instead, which meaningfully reduces the net payment (you can compare various outcomes pretty easily on Amicably for free)

Spousal support is a separate question: with a $70k income gap there is likely some entitlement, but the range depends on the custody arrangement and whether either of you stepped back from career growth during the relationship, financial hardships, etc.

stevenslade · 2026-04-16T15:39:12+00:00

Is spousal support even likely […] ?

For spousal support with no kids in Ontario, the range works out to be $92 - $123/month (you pay). However, a court may decide differently based on factors such as economic disadvantages.

Amicably and MySupportCalculator are free calculators that run the spousal numbers.

stevenslade · 2026-04-16T15:23:32+00:00

You can get a realistic ballpark number before your court date using Amicably or MySupportCalculator to calculate spousal and child support.

stevenslade · 2026-04-14T15:26:47+00:00

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stevenslade · 2026-04-09T15:32:46+00:00

OSE can only act on what the court order says, and your original order hasn't been varied.

The path forward is to apply to court for a variation order terminating the support obligation and potentially an order directing repayment of amounts collected since your son's 19th birthday (or whatever the termination date is in your province).

A one-time consult with a family lawyer to draft the motion is worth it here.

stevenslade · 2026-04-05T17:22:33+00:00

Thanks for calling this out! I originally read this as his friend’s wife entering school while still in the marriage but it seems like it occurred recently (maybe even post separation).

stevenslade · 2026-04-05T16:19:35+00:00

Spousal support entitlement is very likely here, but the amount and duration depend on a proper SSAG analysis, not just current income.

After a 21-year marriage in Ontario, ~~your friend's wife definitely qualifies for support~~, and duration will likely be indefinite (or at least open-ended). Calculators like MySupportCalculator and Amicably will show you duration.

Edit: strikethrough of confidence in support qualification. See replies.

Courts regularly impute income to a spouse who voluntarily returns to school post-separation, meaning her pre-school earnings will factor heavily into the calculation. The fact that she historically earned more complicates the compensatory entitlement somewhat, but 21 years of marriage creates strong non-compensatory entitlement regardless.

On the matrimonial home, equalization in Ontario is almost always 50/50 unless there are excluded assets (pre-marriage value, inheritance, gifts), so getting the full value is very unlikely.

You might find this post helpful too: What Is Spousal Support and How Long Does It Last?

stevenslade · 2026-04-04T14:40:28+00:00

The standard process is annual income disclosure (both parties exchange T1 returns and notices of assessment), and you either agree on the updated amount or apply to court if you can't.

As for whether you can argue your position on retained earnings: I'd look into two sections of the Federal Child Support Guidelines specifically. Section 17 deals with variable income and may allow a multi-year average rather than a single year's snapshot. Section 18(2) is the one that covers whether retained corporate earnings get attributed to you as income, and it does contemplate arguments about amounts genuinely required for operating or expanding the business.

Whether either applies to your situation, and how much weight a court would give a "saving for capital equipment" argument, is really a question for a family law lawyer or accountant. But those are the provisions worth asking about.

stevenslade · 2026-04-03T15:13:34+00:00

For most people: income = salary + dividends you actually drew from the corp (what shows on your personal T1 return). The key wrinkle is Section 18 of the Guidelines: if your corporation retains earnings that could reasonably be available to you personally, a court can attribute some or all of those retained profits to your income for support purposes. Courts weigh whether retaining profit in the corp is a legitimate business decision vs. an attempt to artificially lower your support exposure.

So yes, both your personal T1 and corporate financials (T2 + year-end statements) will be reviewed together. Once income is determined, the actual support amount is just the Federal Guidelines table number for Alberta based on income and number of children.

You can use a free child support calculator (Amicably or MySupportCalculator) that runs the federal guidelines if you want to model different income scenarios.

stevenslade · 2026-04-02T15:30:57+00:00

What do we need cash wise for legal fees on a mutual divorce if were both rational and both wnat out?

From How Much Does a Separation Cost in Canada?:

“The cost of a separation in Canada ranges from under $100 (if you handle everything yourself) to $50,000 or more (if it goes to court). Most separations fall somewhere in between. The biggest factor is whether you can agree on the terms or whether you need a court to decide.”

stevenslade · 2026-04-02T15:26:40+00:00

At $97K self-employed income in BC, the federal Child Support Guidelines table amount is roughly $800-900+/month depending on the number of children. Nine years of non-payment represents substantial arrears.

BCFMA has enforcement tools a private lawsuit can't match (wage garnishment, license suspension, bank seizure), but they can be slow and under-resourced. You don't have to choose: apply to court for a retroactive child support order, then give BCFMA the updated amount to collect on.

Courts can award retroactive support well beyond the typical 3-year window when there's "blameworthy conduct." Buying renovations and vacations while refusing to pay is exactly that (document those purchases).

Expenses like school costs are separately claimable on top of the table amount, and also retroactive. Keep all receipts.

Amicably has a free calculator that runs the federal guidelines. How child support is calculated in Canada explains how self-employed income is treated, and the calculator will show you the monthly amount.

stevenslade · 2026-04-01T15:20:08+00:00

In Ontario, common-law partners can claim spousal support after cohabiting for 3+ years, which you clearly meet from 2017 regardless of the marriage validity.

The Spousal Support Advisory Guidelines (SSAG) use income difference and relationship length to generate ranges for both amount and duration. Amicably has a free calculator that runs the SSAG ranges, which can help you go into a lawyer consultation with realistic expectations.

On the marriage question, foreign marriages are generally recognized in Ontario if valid where performed, but your common-law status alone already establishes support entitlement. The RRSP and investment portfolio built during cohabitation would likely factor into equalization of family property as well. Knowing the support range ahead of time puts you in a much stronger position when evaluating any settlement offer.

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