Ontario Child Support Lawyers

Ontario Child Support Lawyers How Is Child Support Determined in Ontario?

Typically, the parent who is awarded primary physical custody of the child will bear the majority of the daily expenses involved in raising the child. As a result, this parent may be entitled to compensation to help ease the financial burden and minimize the impact of these expenses.

However, if the child spends 40% or more of their time with each parent annually (referred to as “shared custody” or “shared parenting time”), Section 9 of the Child Support Guidelines directs the court to determine the support amount by considering:

1. The amounts outlined in the relevant tables for each parent;
2. The additional costs associated with shared custody or parenting time arrangements;
3. The financial situation, needs, and other relevant circumstances of each parent and the child or children receiving support.

Financial Responsibility for Children

It is important to understand that all dependent children have a legal right to financial support from their parents and to benefit from their parents’ financial resources. Therefore, if you are a parent who has been granted parenting time under the Children’s Law Reform Act, or if you do not have primary parenting time or decision-making responsibility under the Divorce Act (and there are no special circumstances, such as undue hardship, to consider), you will likely be required to pay child support.

This financial obligation remains, even if your former spouse remarries or begins living with someone else.

Similar to issues surrounding parenting time and decision-making responsibility, two Acts govern entitlement to child support and help determine the amount to be paid:

  • The Divorce Act applies to legally married couples who have divorced or are in the process of divorcing.
  • The Family Law Act is used to resolve child support disputes between individuals who are:
    • Not married, or
    • Legally married but choosing to separate without divorce.

Financial Responsibility for Children

It is essential to understand that all dependent children have a legal right to receive financial support from their parents and to benefit from their parents’ financial resources. Therefore, if you are a parent granted parenting time under the Children’s Law Reform Act, or if you do not have primary parenting time or decision-making responsibility under the Divorce Act (and there are no special circumstances, such as undue hardship, to consider), you will likely be obligated to pay child support.

This financial responsibility continues even if your former spouse remarries or begins living with someone else.

Similar to matters concerning parenting time and decision-making responsibility, two Acts regulate the entitlement to child support and help determine the amount to be paid:

  • The Divorce Act applies to legally married couples who have either divorced or are in the process of divorcing.
  • The Family Law Act addresses child support disputes between individuals who are:
    • Not married, or
    • Legally married but opting to separate instead of divorce.

How Is Child Support Calculated?

The Federal Child Support Guidelines SOR 97-175 and the provincial Child Support Guidelines O. Reg. 391/97, which are regulations under both the Divorce Act and the Family Law Act, are used to determine the amount of child support.

The courts will consider the paying parent’s income and the number of children involved. The child support tables in Schedule I outline the monthly amounts based on this information. The recipient’s income is only taken into account in specific cases.

It is important to note that the guidelines presume the table amounts will be applied. However, if there is a legitimate reason to deviate from these amounts, the court can order a different amount. The child support guidelines are legally binding, not just advisory, meaning they will always be considered and applied.

Modifying Child Support Orders

Life circumstances can change, and child support orders are not permanent. If there is a change in your financial situation or your child’s needs, you may be able to modify your child support agreement. Our experienced Ontario child support lawyers can help guide you through the process of adjusting child support orders to reflect your current circumstances.

Common reasons for modifying child support orders include:

• A change in either parent’s income
• Changes in the child’s needs or expenses
• Changes in custody arrangements
• The child’s emancipation

What to Do If Your Ex-Partner Is Not Paying Child Support

If your ex-partner is failing to pay child support, it’s important to know that you have legal options to enforce the payments. In Ontario, child support is not just a financial obligation—it’s a legal right of the child. When a court orders child support, the paying parent is legally required to make the payments. If they fail to do so, there are several enforcement measures available.

In cases where your ex-partner is deliberately avoiding payments by hiding income or assets, or has moved out of the province or country, things may become more complex. However, Ontario has reciprocal enforcement agreements with other provinces and countries, which means that enforcement can extend across borders.

You can also return to court to seek a contempt order if your ex-partner is not complying with the child support order. The court has the power to impose additional penalties to compel payment.

Having a lawyer to guide you through the enforcement process can make a significant difference. A lawyer can represent you in court, assist with enforcement actions, and ensure your ex-partner fulfills their obligations. If you’re facing issues with unpaid child support, don’t hesitate to contact a lawyer to protect your child’s rights.

The Importance of Having a Child Support Agreement

Creating a clear and fair child support agreement is crucial for the well-being of your child and family. A properly structured agreement ensures that your child’s financial needs are met and provides stability during a challenging period. Our experienced child support lawyers at Feldstein Family Law Group P.C. are here to assist you through this process with care and expertise.

Here are some important reasons why a strong child support agreement is essential:
Ensures Consistent Financial Support: A formal agreement guarantees your child receives regular financial support for their education, healthcare, and overall well-being.

Reduces Conflict: A clearly defined agreement helps minimize disagreements, fostering a more collaborative co-parenting relationship.

Legal Protection: A formal child support order carries legal weight, making it easier to enforce payments when necessary.
Flexibility: Child support agreements can be adjusted as circumstances change, ensuring they remain fair and relevant to your family’s situation.

Focus on Your Child’s Future: By securing child support, you can focus on providing a stable environment for your child, helping them thrive emotionally and academically.

At BOBILA WALKER LAW, we understand that every family’s situation is unique. Our team is dedicated to helping you create a child support agreement that works for you and your child. Contact us today to schedule a consultation and take the first step toward securing your child’s future.

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our Team

Daniel Walker – Managing Partner

DANIEL

WALKER

MANAGING PARTNER

Daniel Walker is the Managing Partner of Bobila Walker Law and a seasoned litigator whose practice focuses on complex estate, civil, and family disputes. With a reputation for navigating high-stakes matters involving fiduciary breaches, multi-jurisdictional assets, and intricate legal frameworks, Daniel combines legal precision with strategic insight across several intersecting practice areas.

Estate, Trusts & Fiduciary Litigation

Daniel’s principal area of expertise lies in wills, trusts, and estate litigation. He has extensive experience litigating matters involving:

  • Contested will challenges
  • Breaches of fiduciary duty and trust
  • Power of attorney disputes
  • Guardianship and capacity litigation
  • Dependant’s relief claims under the Succession Law Reform Act
  • Complex intestacies
  • Trust rectification and variation applications
    He also routinely acts as an estate trustee or executor on behalf of domestic and international clients and serves as Power of Attorney for Property and Personal Care.

Passing of Accounts (Contentious & Non-Contentious)

Daniel advises beneficiaries and fiduciaries on passing of accounts applications, with a focus on tracing assets, scrutinizing expenditures, and litigating claims of misappropriation or negligent administration.

Complex Family Law & Cross-Border Litigation

Daniel brings unique expertise to family law disputes:

  • High-value family litigation involving international property, hidden assets, and jurisdictional disputes between Canada and Europe.
  • Advises clients through every phase of separation, divorce and related disputes. 
  • Handles contested and collaborative matters alike, including division of family property (from personal assets to complex business interests), child-custody and support issues under the Federal Child Support Guidelines, and spousal maintenance. 
  • Enforcement of prenuptial, postnuptial and cohabitation agreements, represents clients in mediations, arbitrations and trials, and manages post-judgment enforcement or variation applications to ensure court orders remain fair as circumstances change.

German-Speaking Legal Services

Fluent in German, Daniel frequently advises clients on civil litigation, probate, and estate matters with ties to German-speaking jurisdictions. He also speaks Serbian, Croatian, and Bosnian, and is equipped to manage cross-border mandates involving multiple legal systems.

Professional Background

Prior to entering private practice, Daniel served as a Senior Policy Advisor at the Department of Foreign Affairs and International Trade (DFAIT) in Ottawa. During law school, he worked with:

  • The in-house legal team at Rogers Communications
  • The Office of the Privacy Commissioner of Canada

Daniel regularly appears before the Ontario Superior Court of Justice, including the Estates List and Commercial List.

 

Guardianship and Power of Attorney Disputes

Daniel Walker is a trusted Ontario litigator whose practice is devoted to adult guardianship and capacity law.  Drawing on extensive courtroom experience and a deep understanding of the Substitute Decisions Act, he guides families and individuals through the complexities of contested guardianship applications with clarity, compassion and precision. Whether an urgent interim order is required to secure a vulnerable adult’s property or comprehensive preparations must be made for a full hearing, Daniel navigates every procedural step and ensures his clients know what to expect at each stage.

Estates Administration

Drawing on deep expertise in the Estates Administration Act and the Estates Act, he oversees probate applications, ensures timely compliance with statutory obligations and protects fiduciaries from personal liability. Recognizing that even straightforward estates can give rise to contested issues—whether challenges to joint-account strategies, claims under Pecore v. Pecore or disputes over executor conduct—Daniel provides proactive counsel to prevent costly delays and litigation.

Beyond routine administration, Daniel advises on the management of high-value and complex estates and trusts, including investment oversight, cross-border transfers and the settlement of debts prior to distribution. He drafts and negotiates mediation agreements in mandatory estate-dispute mediations, handles fiduciary accounting and, where necessary, advocates for clients in contested proceedings. With a focus on preserving estate value and safeguarding trustee and executor interests, Daniel delivers dependable legal counsel tailored to each client’s unique situation.

Civil and Commercial Litigation

Daniel Walker is a seasoned civil and commercial litigator who advocates for individuals, corporations and partnerships in complex business disputes. Drawing on a thorough command of Ontario’s Rules of Civil Procedure and decades of courtroom experience, he guides clients through high-stakes shareholder oppression and partnership breakdown claims, negotiates and litigates breaches of contract and other commercial obligations, and resolves contentious real-estate and property-ownership disputes. Whether you face allegations of defamation that threaten your reputation or professional-negligence claims that endanger your practice, Daniel marshals tailored strategies—combining vigorous trial advocacy with pragmatic settlement negotiations—to protect your interests and achieve commercially sensible outcomes. From case inception through appeal, he manages every procedural step, coordinates expert evidence, and provides clear advice so that you always understand your options and the likely path forward.

Elder Abuse & Elder Law

With extensive experience under the Substitute Decisions Act and related legislation, Daniel Walker combines proactive planning—drafting carefully tailored powers of attorney and guardianship applications—with decisive legal action to secure urgent relief where seniors’ safety or assets are at risk.

Whether you’re concerned about unexplained injuries, unauthorized financial transactions or signs of neglect in a care facility, Daniel provides clear, compassionate guidance every step of the way, coordinating with medical and financial experts to investigate allegations, freeze suspect transactions and restore decision-making authority to the vulnerable adult. His priority is ensuring that every client and family he serves obtains prompt, practical protection and peace of mind.

Whistleblower Protection & Crisis Management

Daniel provides legal support to whistleblowers, professionals, and institutions navigating:

  • Professional discipline proceedings
  • Matters of national security and confidentiality
  • Public sector accountability under the Freedom of Information and Protection of Privacy Act (FIPPA)
  • International immunity and state actor litigation

With deep experience handling workplace-related and service-related human rights disputes, Daniel guides clients through every stage of the process: from initial fact-gathering and document preparation to mediation, Tribunal hearings and, if necessary, appeals. He pursues remedies ranging from financial compensation and reinstatement to public-interest orders requiring systemic policy changes. By blending pragmatic risk management with rigorous advocacy, Daniel ensures that his clients remain compliant with Canada’s shifting human rights landscape and that those who suffer discrimination obtain prompt, effective redress.

MARIA BOBILA
Partner
LORRAINE SEALE
Senior Estates Law Clerk
ANANTA ROOPNARINE
Family Law Clerk

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