- A new partner’s income is not part of the table amount, for either parent.
- It can be looked at in an undue hardship claim, where the court compares the two households.
- A step-parent who stood in the place of a parent can be ordered to pay child support.
- A new child does not lower support automatically.
Your new partner’s income
The table amount is based on the paying parent’s own income. A new spouse’s or partner’s income is not added to it, and the receiving parent’s new partner does not reduce it.
The one place a partner’s income comes in is an undue hardship claim under section 10. There the court compares the standard of living of the two households, and a household includes a new spouse or common-law partner. A paying parent whose household has the higher standard of living cannot succeed. How undue hardship works.
If the receiving parent remarries
Child support does not go down because the other parent has a new partner, even a well-off one. Child support is the child’s right, and both parents remain responsible.
When a step-parent has to pay
The Divorce Act treats a child as a child of the marriage when a spouse stands in the place of a parent. A step-parent who took on a parent’s role can be ordered to pay support after the relationship ends. The Supreme Court of Canada said in Chartier v. Chartier, [1999] 1 S.C.R. 242, that a step-parent cannot end that relationship on their own once the couple separates.
Section 5 of the Guidelines says the amount is what the court considers appropriate, having regard to the Guidelines and to any other parent’s legal duty to support the child. The biological parent’s obligation continues, so a step-parent often pays less than the full table amount.
Courts look at how the step-parent actually behaved: whether they provided for the child, disciplined and guided the child, and presented themselves to the child and the world as a parent.
A new baby in the paying parent’s home
A new child does not reduce the table amount by itself. A legal duty to support another child is one of the listed grounds for undue hardship, but the paying parent must also show that their household has the lower standard of living. Other children and undue hardship explains the two-step test.
Supporting children from two relationships
A parent who owes support to two families pays the table amount for each family, worked out separately. One child in each of two homes costs more than two children in one home. On $70,000 in Ontario, one child is $648 a month and two children together are $1,072. Two separate one-child orders add up to $1,296.
Common questions
Does my new spouse’s income count for child support?
No. The table amount uses only the paying parent’s income. A new partner’s income is looked at only in an undue hardship claim, where the court compares household standards of living.
If my ex remarries, do I pay less child support?
No. The receiving parent’s new partner does not reduce the table amount. Both parents remain responsible for supporting their child.
Does a step-parent have to pay child support in Canada?
A step-parent who stood in the place of a parent can be ordered to pay. The court sets an appropriate amount, taking into account the Guidelines and the biological parent’s duty to support the child.
I have a new baby. Does my child support go down?
Not automatically. A duty to support another child can be a ground for an undue hardship claim, but only if your household would have the lower standard of living.
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Sources
General information only, not legal advice. For your situation, speak with a family lawyer or your province's family justice services.
