When is child support owned?
In Ontario, child support is a legal obligation requiring a parent to provide financial assistance for their child’s or children’s care after a separation. Generally, the amount of regular support is based on the paying parent’s income, the number of children, and province of residence.
In cases of a shared parenting schedule, child support calculations can become more complex. Additionally, special or extraordinary expenses, such as daycare, medical costs, or extracurricular activities, may be added to the base support amount. These expenses are typically shared in proportion to each parent’s respective income.
Enforcement of child support payments in Ontario is primarily handled by the Family Responsibility Office (FRO), which ensures that court-ordered payments are made. If a parent fails to pay, the FRO has the authority to take actions such as garnishing wages, suspending driver’s licenses and passports, or seizing assets. If you are in a dispute regarding the amount of child support you should be paying, you should consult a lawyer to assist you with determining your rights and obligations for support.
Arrears
Child support arrears are unpaid child support payments that accumulate when a parent fails to pay the full amount owed. These arrears can build up due to missed or partial payments. Courts generally take arrears seriously, and in some cases, parents may request a reduction or cancellation of arrears, but they must provide strong evidence to support this request.
In the case Thompson v. Sorrenti, 2025 ONSC 207 (CanLII), the payor, Mark Thompson and Vanessa Sorrenti, who were never married and never cohabited, entered into a Parenting Agreement in 2013 regarding their daughter, born in September 2013. The agreement required Thompson to pay child support based on his income and to provide annual financial disclosure. However, he failed to disclose his earnings for nearly a decade.
Sorrenti, believing Thompson was adjusting payments per the agreement, only discovered in 2022 that he had been underpaying child support. She then sought retroactive support back to 2014. The court found that Thompson misled Sorrenti and resisted financial disclosure, constituting “blameworthy conduct.”
Ultimately, the court ruled in favour of retroactive child support dating back to 2014, ordering Thompson to pay $68,196. However, it denied both parties’ claims for past childcare and private school expenses and declined to impose per-judgment interest, noting Sorrenti’s failure to demand disclosure earlier.
Thompson considers two recent Supreme Court of Canada cases Michel v. Graydon, 2020 SCC 24, [2020] 2 S.C.R. 763 and Colucci v. Colucci, 2021 SCC 24, [2021] 2 S.C.R. 3 and reviews the framework for ordering retroactive child support. The decisions in these two cases make it clear that the Court has a complex framework for determining when to make Orders for retroactive support.
What If You Are Disputing Retroactive Support With a Former Partner?
If you’re dealing with a child support dispute or arrears with your ex, getting legal advice is crucial. Family law can be complicated, and mistakes—like not paying the right amount, missing deadlines, or not providing financial disclosure—can have serious consequences.
We can help
A lawyer can help you understand your rights and make sure your Order for Child Support is the right amount based on the law. They can also guide you through negotiations, mediation, or court if needed, helping you avoid unnecessary stress and financial trouble. Having a professional on your side ensures you’re making informed decisions and protecting both your interests and your child’s well-being. If you have questions about child support and arrears, contact Mahogany Law today for a free consultation.