Changing Child Support through Family Mediation

Quick Answer

Yes. Parents in Ontario may use Toronto Family Mediation for child support when income, parenting arrangements, or a child’s expenses have changed.

When Can Child Support Be Changed in Ontario?

What Happens to Child Support If a Parent’s Income Changes?

A significant change in a parent’s income is one of the most common reasons for reviewing child support.

This may happen because of:

• A salary increase
• Reduced working hours
• Job loss
• A new job
• Bonuses or commissions
• A change to benefits or other income
• Self-employment
• Fluctuating annual income

For example, if the parent paying child support earns substantially more than when the existing amount was calculated, the parents may need to review the arrangement using updated income information.

The same may apply if income has decreased.

However, a lower income does not automatically mean child support should immediately be reduced. Parents may need to understand why the income changed, whether the change is temporary or ongoing, and what financial information is available.

Accurate financial disclosure is therefore important.

Parents may need to exchange recent tax returns, Notices of Assessment, pay statements, or other records showing their current income before discussing whether the existing child support amount should change.

For self-employed parents, determining income may require additional financial information because business income and personal income are not always straightforward.

Can Changes in Parenting Time Affect Child Support?

Changes in parenting arrangements may also lead parents to review child support.

For example, a child may begin spending substantially more time with one parent than they did when the existing arrangement was created.

Parents may also move into a shared parenting arrangement or change from one parenting schedule to another.

These changes can affect the issues that need to be considered when discussing child support.

However, parenting time should not be treated as a simple automatic formula for reducing or increasing support.

The parents may need to consider:

• Each parent’s income
• The amount of parenting time
• Applicable child support guideline amounts
• The child’s actual circumstances
• Costs being paid by each parent
• Other relevant financial factors

During child support mediation in Ontario, the mediator can help parents identify the information that needs to be discussed without deciding what the final support amount must be.

Can Changes in a Child’s Expenses Lead to a Support Review?

Yes. Changes in a child’s expenses may also be relevant when parents are reviewing support.

Certain expenses may fall under what are commonly called Section 7 expenses, or special and extraordinary expenses.

Depending on the circumstances, these may include costs related to:

• Childcare
• Medical treatment
• Dental care
• Education
• Certain extracurricular activities
• Other qualifying expenses

An expense that existed when the parents separated may later increase, decrease, or end.

New expenses may also arise.

For example, a child may begin daycare, require orthodontic treatment, start a qualifying educational program, or become involved in an activity that creates a significant new expense.

Parents using mediation can discuss the nature of the expense, the actual amount being paid, whether any reimbursement or subsidy applies, and how the expense may be shared based on updated financial information.

Does Child Support Change as a Child Gets Older?

A child getting older does not automatically mean child support stops or changes.

However, age can sometimes bring changes that make a review appropriate.

For example, an older child may:

• Begin post-secondary education
• Move between parental homes differently
• Develop new educational expenses
• Start earning income
• Experience changes in financial dependence
• Have different medical or extracurricular needs

Parents should avoid assuming that child support automatically ends at a particular age.

Instead, the child’s circumstances, applicable legal requirements, existing agreements or court orders, and financial information may all need to be considered.

Family mediation can give parents a structured setting to discuss these changes and determine whether they can agree on updated child support arrangements.

Can Parents Change Child Support Through Family Mediation?

Can Parents Agree to Change Child Support Without Going to Court?

Parents may be able to reach an agreement about changing child support without immediately starting a contested court case.

Toronto Divorce Mediation can allow parents to discuss the issue directly while working through a neutral process.

Before reaching new terms, parents may need to consider:

• Updated income information
• The applicable guideline amounts
• Changes in parenting time
• Current Section 7 expenses
• Existing agreements
• Existing court orders
• Whether past support amounts also need to be discussed

Any agreement should be properly documented.

Where appropriate, the terms reached through mediation may later be incorporated into a separation agreement or another legally recognized document.

If there is already a court order governing child support, parents should not assume that a private discussion or mediation agreement automatically replaces it.

Formal legal steps may be required to change an existing order.

Why Can Mediation Be Useful After an Income or Parenting Change?

A change in income or parenting arrangements can create disagreement because each parent may view the situation differently.

One parent may believe support should change immediately. The other may want more information before agreeing.

Mediation provides a process for working through these differences.

It can allow parents to:

• Review updated financial information together
• Clarify what has changed
• Discuss how the change affects the child
• Address misunderstandings about income or expenses
• Consider possible updated support terms
• Discuss Section 7 expenses at the same time
• Identify whether further information is needed

Mediation may also help parents avoid turning every disagreement into a court dispute.

That does not mean every case can be resolved through mediation. Some parents may need additional disclosure, legal advice, or court involvement before the issue can be settled.

What Financial Information Is Needed for Child Support Mediation?

What Documents May Parents Need to Exchange?

Depending on the circumstances, parents may need to exchange documents such as:

1. Recent personal income tax returns
2. Notices of Assessment
3. Notices of Reassessment
4. Recent pay statements
5. Employment income records
6. Information about bonuses or commissions
7. Records showing other relevant income sources
8. Business or corporate records where a parent is self-employed
9. Documents relating to benefits or other compensation
10. Receipts and records for relevant Section 7 expenses

The goal is to provide enough reliable information to understand each parent’s current financial circumstances.

How Is Income Reviewed for Child Support Purposes?

Child support discussions often involve the concept of guideline income.

In straightforward cases, annual income may be relatively easy to identify.

In other cases, more analysis may be needed.

Issues can arise when a parent receives:

• Bonuses
• Commissions
• Overtime
• Irregular employment income
• Self-employment income
• Corporate income
• Benefits
• Income that changes significantly from year to year

What Information Is Needed for Section 7 Expenses?

When parents are also reviewing Section 7 expenses, they may need information beyond income documents.

Useful records may include:

• Invoices
• Receipts
• Registration costs
• Medical or dental bills
• Childcare statements
• Insurance reimbursement information
• Government subsidies
• Tax-related benefits where relevant
• Information showing whether an expense is continuing or has ended

Parents may also need to consider their respective incomes because some special or extraordinary expenses may be shared in relation to the parents’ financial circumstances.

How Is a New Child Support Arrangement Discussed in Mediation?

Once the relevant financial and parenting information has been exchanged, parents can begin discussing whether the existing child support arrangement should change.

The discussion should be based on current circumstances rather than what either parent simply believes is fair.

Relevant factors may include:

• Each parent’s income
• The number of children
• Applicable child support guideline amounts
• Parenting arrangements
• Section 7 expenses
• Existing agreements or court orders
• Whether income has changed over time

The Federal Child Support Guidelines often provide an important framework for these discussions.

How Do the Federal Child Support Guidelines Affect the Discussion?

The Federal Child Support Guidelines are used to help determine child support in many Canadian family law situations.

Factors commonly considered include:

• The paying parent’s guideline income
• The number of children
• The applicable province or territory
• The relevant table amount
• Parenting arrangements
• Special or extraordinary expenses where applicable

In a straightforward case, the table amount may provide an important starting point.

However, not every case is straightforward.

Self-employment, fluctuating income, shared parenting, unusual expenses, or other circumstances may require further discussion.

During mediation, parents can review the relevant information and explore whether they can agree on updated terms.

The mediator does not guarantee that a particular calculation is legally correct for either parent’s individual circumstances.

How Does Shared Parenting Affect Child Support Discussions?

Shared parenting can make child support discussions more complex.

Parents may need to consider more than one table amount.

Depending on the circumstances, the discussion may involve:

• Each parent’s income
• The guideline amount associated with each income
• The amount of time the child spends with each parent
• The child’s actual needs
• Costs each parent pays directly
• The overall financial circumstances of the household

Parents should avoid assuming that shared parenting automatically eliminates child support.

Similarly, a change in parenting time does not automatically produce a particular support amount.

Mediation can help parents organize the financial and parenting information that needs to be reviewed.

Can Section 7 Expenses Be Changed Through Mediation?

Yes. Parents may use mediation to review how Section 7 expenses are being handled.

This may be necessary when:

• An existing expense ends
• A new expense begins
• The cost of an expense changes
• One parent’s income changes
• Reimbursements or subsidies change
• Parents disagree about whether an expense should continue

What Happens After Parents Reach a Child Support Agreement?

How Are Child Support Terms Recorded After Mediation?

When parents reach an agreement through mediation, the mediator may document the terms in a Memorandum of Understanding or another mediation summary, depending on the process being used.

The document may address matters such as:

• The updated child support amount
• The income figures used
• When the new amount will begin
• How Section 7 expenses will be shared
• How future income disclosure will take place
• When child support will be reviewed again
• How changes in parenting arrangements may be handled

A mediation summary does not necessarily have the same legal effect as a signed separation agreement or court order.

Parents may therefore need to take additional steps after mediation.

Should Parents Get Independent Legal Advice?

Parents may benefit from obtaining independent legal advice before signing or finalizing a new child support agreement.

A family lawyer can explain how the proposed terms affect that individual parent’s legal rights and obligations.

Legal advice may be particularly useful when:

• There is an existing court order
• Income is difficult to determine
• One parent is self-employed
• Shared parenting is involved
• Significant Section 7 expenses are disputed
• Retroactive child support is being discussed
• The proposed agreement differs from the guideline amount

Each parent should obtain their own legal advice.

What If Parents Cannot Agree on Child Support?

Mediation does not guarantee that parents will reach an agreement.

Sometimes the disagreement exists because information is missing.

In other cases, both parents may have the same financial documents but disagree about how the information should affect child support.

Possible next steps may include:

• Requesting additional financial disclosure
• Obtaining professional advice about complex income issues
• Getting independent legal advice
• Returning to mediation after more information becomes available
• Using another dispute-resolution process
• Applying to court where necessary