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Child Support Agreement Template
A Child Support Agreement is a bilateral contract between separated or divorced parents (or never-cohabiting parents of a child) recording the monthly base amount of child support payable under the Federal Child Support Guidelines, the sharing of special and extraordinary section 7 expenses, and the registration with the provincial maintenance-enforcement agency. Our free Canadian template tracks the mandatory section 3 table amount, the section 7 pro-rata sharing formula, and the section 9 shared-custody and section 10 undue-hardship adjustments — built so that the agreement is enforceable under the federal Divorce Act and the provincial Family Law Acts.
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CHILD SUPPORT AGREEMENT
Province Of Ontario, Canada · Federal Child Support Guidelines (SOR/97-175)
PAYER
Jonathan Edward Park
52 Lawton Boulevard, Toronto, ON M4V 1Z7
Occupation: Senior Manager
Gross income: 115,000.00 CAD/yr (line 15000 T1)
Occupation: Senior Manager
Gross income: 115,000.00 CAD/yr (line 15000 T1)
RECIPIENT
Caroline Anne Martel
218 St. Clair Avenue West, Toronto, ON M4V 1R3
Occupation: Registered Nurse (3 days/week)
Gross income: 52,000.00 CAD/yr (line 15000 T1)
Occupation: Registered Nurse (3 days/week)
Gross income: 52,000.00 CAD/yr (line 15000 T1)
Children: 2 · Province: Ontario
Base table support: 1,606.00 CAD/month
THIS CHILD SUPPORT AGREEMENT (the "Agreement") is made on 2026-05-31 between Jonathan Edward Park (the "Payer") and Caroline Anne Martel (the "Recipient"), who are the parents of the child or children listed in Article 2 below (the "Children"). The Parties intend that this Agreement set the child support payable for the Children in accordance with the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), and the Federal Child Support Guidelines, SOR/97-175 (the "Guidelines"), as supplemented by the law of the Province of Ontario.
1.
STATUTORY PRIMACY — FEDERAL CHILD SUPPORT GUIDELINES
The Parties acknowledge that child support is governed by the mandatory framework of the Guidelines. Pursuant to section 15.3 of the Divorce Act, child support takes priority over spousal support. The base table amount stated in Article 4 below is calculated using the Federal Child Support Table for the Province of Ontario and reflects the Payer's annual income disclosed in Article 3 below. Pursuant to section 16 and Schedule III of the Guidelines, the Parties acknowledge that "income" for child support purposes is the line-15000 figure on the most recently filed T1 General, subject to the Schedule III adjustments.
2.
CHILDREN OF THE RELATIONSHIP
The Children for whom this Agreement provides support are 2 in number, as set out below:
Sophie Elise Park, born 14 March 2017 (age 9), Grade 4 at Brown Junior Public School.
William James Park, born 22 August 2019 (age 6), Grade 1 at Brown Junior Public School.
Sophie Elise Park, born 14 March 2017 (age 9), Grade 4 at Brown Junior Public School.
William James Park, born 22 August 2019 (age 6), Grade 1 at Brown Junior Public School.
3.
INCOME DISCLOSURE — GUIDELINES SECTION 16 AND SCHEDULE III
The Parties confirm their respective annual incomes from line 15000 of the most recently filed T1 General as follows: Payer 115,000.00 CAD · Recipient 52,000.00 CAD. Combined income is 167,000.00 CAD, of which the Payer contributes 68.9% and the Recipient 31.1% — used for the pro-rata calculation of any section 7 special / extraordinary expenses in Article 5 below. Each Party warrants the accuracy of their income disclosure and acknowledges that material non-disclosure is grounds for retroactive variation of child support back to the date the correct income figure should have been disclosed (D.B.S. v S.R.G., 2006 SCC 37; Michel v Graydon, 2020 SCC 24).
4.
BASE TABLE AMOUNT — GUIDELINES SECTION 3
Beginning on 2026-06-01, the Payer shall pay to the Recipient the sum of 1,606.00 CAD per month in base child support, payable in advance on the first day of each calendar month. This amount is calculated under section 3 of the Guidelines using the Federal Child Support Table for the Province of Ontario, having regard to the Payer's annual income disclosed in Article 3 and the number of Children listed in Article 2. Pursuant to section 56.1(4) of the Income Tax Act, this child support is NOT deductible to the Payer and NOT taxable to the Recipient (the 1997 child support tax reform — orders made on or after 1 May 1997). Payments shall be made by Pre-authorised debit from the Payer's RBC chequing account on the first business day of each month.
5.
SPECIAL OR EXTRAORDINARY EXPENSES — GUIDELINES SECTION 7
In addition to the base table amount, the Parties shall share the following special or extraordinary expenses for the Children, after deducting any subsidy, tax benefit, deduction or credit other than the Canada Child Benefit, in proportion to their respective incomes:
Child care (Guidelines s. 7(1)(a)): 650.00 CAD/month
Medical / dental insurance and health expenses (s. 7(1)(b) and (c)): 110.00 CAD/month
Extraordinary extracurricular activities (s. 7(1)(f)): 320.00 CAD/month
Sophie's prescription orthotics (physiotherapist-recommended): 85.00 CAD/month
Pro-rata sharing. Total agreed section 7 expenses: 1,165.00 CAD/month. Allocated in proportion to the Parties' incomes: Payer 802.25 CAD/month (68.9%), Recipient 362.75 CAD/month (31.1%). The Payer's section 7 contribution shall be paid on the same day as the base table amount.
Each Party shall provide the other with receipts within thirty (30) days of incurring any such expense, and shall reimburse the other Party's share within thirty (30) days of receipt.
Child care (Guidelines s. 7(1)(a)): 650.00 CAD/month
Medical / dental insurance and health expenses (s. 7(1)(b) and (c)): 110.00 CAD/month
Extraordinary extracurricular activities (s. 7(1)(f)): 320.00 CAD/month
Sophie's prescription orthotics (physiotherapist-recommended): 85.00 CAD/month
Pro-rata sharing. Total agreed section 7 expenses: 1,165.00 CAD/month. Allocated in proportion to the Parties' incomes: Payer 802.25 CAD/month (68.9%), Recipient 362.75 CAD/month (31.1%). The Payer's section 7 contribution shall be paid on the same day as the base table amount.
Each Party shall provide the other with receipts within thirty (30) days of incurring any such expense, and shall reimburse the other Party's share within thirty (30) days of receipt.
6.
ANNUAL INCOME EXCHANGE AND RECALCULATION
On or before June 1 of each year, each Party shall provide to the other a complete copy of their most recent T1 General income tax return (with all schedules and worksheets) and Notice of Assessment, in compliance with the disclosure obligation in section 25 of the Guidelines. If the Payer's prior-year income (line 15000 of the T1) differs materially from the income figure on which the base table amount stated in Article 4 was calculated, the Parties shall promptly adjust the base table amount and any section 7 pro-rata sharing accordingly without further written agreement.
7.
REGISTRATION WITH MAINTENANCE ENFORCEMENT
The Parties shall, within thirty (30) days after this Agreement is signed, register this Agreement with the Family Responsibility Office (FRO), pursuant to the Family Responsibility and Support Arrears Enforcement Act, 1996, S.O. 1996, c. 31. Registration entitles the Family Responsibility Office (FRO) to enforce the child support obligation by all of the statutory mechanisms available to it, including without limitation income source deduction, federal interception, driver's licence and passport suspension, professional licence reporting, and registration against the Payer's real and personal property. The Parties consent to the disclosure of their respective income information to the Family Responsibility Office (FRO) for the purposes of enforcement.
8.
DURATION AND TERMINATION OF CHILD SUPPORT
Child support shall continue for each Child until the Child ceases to be a "child of the marriage" under section 2(1) of the Divorce Act — broadly, until the Child reaches the age of majority in the Province of Ontario and is no longer in the Recipient's charge, or, if the Child is over the age of majority, until the Child is no longer unable, by reason of illness, disability or other cause (including the pursuit of reasonable post-secondary education), to withdraw from the charge of the Parents or to obtain the necessaries of life. Child support is the right of the Child, not of the Recipient, and may not be bargained away by the Recipient.
9.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, including the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), and the Federal Child Support Guidelines, SOR/97-175.
10.
EXECUTION AND WITNESSING
Each Party signs this Agreement in the presence of Margaret Louise Ashworth of 76 Forest Hill Road, Toronto, ON M5P 2N5, who is not a Party to this Agreement, as required by the provincial Family Law Act for the enforceability of a domestic contract.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.
PAYER
Jonathan Edward Park
Date: ____________________
RECIPIENT
Caroline Anne Martel
Date: ____________________
WITNESS
Margaret Louise Ashworth
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a Child Support Agreement?
A Child Support Agreement is a written contract between two parents that records the amount and form of child support payable from one parent to the other for the benefit of the children. Child support is the right of the child, not of the recipient parent, and may not be bargained away. The amount is set under the mandatory Federal Child Support Guidelines, SOR/97-175 — a federal regulation that prescribes Federal Child Support Tables for each province and territory, with one row per Payer-income band and one column per number of children.
Section 3 of the Guidelines fixes the base table amount, which is the presumptive starting point. Section 7 adds the special or extraordinary expenses (child care, medical and dental, primary or post-secondary education, extraordinary extracurricular activities), shared between the parents in proportion to their respective incomes after deducting any subsidy or tax benefit other than the Canada Child Benefit. Section 9 governs shared-custody arrangements where each parent has the children at least 40 percent of the time. Section 10 permits a downward departure from the table amount only on the narrow ground of undue hardship and only where the claimant's household standard of living is lower than the other party's after support is paid.
Pursuant to section 56.1(4) of the Income Tax Act, child support orders made on or after 1 May 1997 are NEITHER deductible to the payer NOR includable in the recipient's income — the 1997 child support tax reform. This sharply distinguishes child support from periodic spousal support (which remains deductible and taxable). A well-drafted Child Support Agreement registers with the provincial maintenance enforcement agency (FRO in Ontario, FMEP in British Columbia, MEP in Alberta), provides for annual income exchange, and — where available — uses the provincial Child Support Recalculation Service to update the amount each year without further court application.
What's Covered in This Template
Our Child Support Agreement template covers every element a Canadian family-law lawyer would expect.
Payer & Recipient Identification
Full legal names, addresses, occupations, and line-15000 T1 General incomes for both parents.
Children of the Relationship
Number of children plus per-child full name, date of birth and current school or grade.
Statutory Primacy Recital
Express recital of the priority of child support over spousal support under Divorce Act section 15.3 and the mandatory framework of the Guidelines.
Income Disclosure
Section 16 income definition + Schedule III adjustments + D.B.S. v S.R.G. retroactive variation warning.
Base Table Amount
Monthly section 3 table amount from the Federal Child Support Tables for the chosen province, with the 1997 tax-reform recital (not deductible / not taxable).
Section 7 Pro-Rata Sharing (Expert)
Child care + medical / dental + education + extraordinary extracurricular + other expenses, automatically allocated in proportion to the parents' incomes.
Section 9 Shared Custody Adjustment (Expert)
40-percent threshold recital + Contino v Leonelli-Contino factor framework + selectable offset method (straight set-off, multiplier, agreed amount).
Section 4 High-Income Override (Expert)
Francis v Baker presumption recital + selectable approach (full table, partial fixed amount on excess, or percentage on excess).
Section 10 Undue Hardship (Expert)
Hardship party identification + particulars + Schedule II household standard-of-living gating reference.
Annual Income Exchange + Recalculation (Expert)
Section 25 annual T1 exchange clause + registration with provincial Child Support Recalculation Service (BC / AB / SK).
How to Create Your Child Support Agreement
Follow these steps to prepare an agreement that is enforceable under the Guidelines and avoids the most common drafting errors.
- 1
Look Up the Table Amount
Find the Federal Child Support Table for your province at justice.gc.ca. Read your Payer's line-15000 annual income down to the row, then across to the column for the number of children — that is the monthly base table amount.
- 2
Calculate Section 7 Expenses
List monthly child care, medical / dental insurance + uninsured health expenses over $100/year, education, extraordinary extracurricular activities, and any other qualifying expenses. The Expert tier in this template totals these and pro-rates them by income automatically.
- 3
Confirm Whether Shared Custody Applies
If each parent has the children at least 40 percent of the time over the year, section 9 applies — the Expert tier records the offset method (straight set-off is the most common starting point).
- 4
Check the $150,000 Threshold
If the Payer's income exceeds $150,000, section 4 applies — most agreements use the Francis v Baker presumption and apply the full table amount across all income.
- 5
Consider Undue Hardship Only If Genuinely Applicable
Section 10 is narrow and gated by the household standard-of-living comparison in section 10(3). Without a real disparity, the hardship claim will fail — do not include the section unless it actually applies.
- 6
Add the Annual Income Exchange Clause (Expert)
The most important Expert clause for long-term peace — each parent exchanges the most recent T1 General and Notice of Assessment by 1 June each year, and the base amount is auto-adjusted.
- 7
Register with the Provincial Enforcement Agency
Within 30 days of signing, register with FRO (Ontario), FMEP (British Columbia), MEP (Alberta) or the equivalent agency in your province for automatic enforcement, income-source deduction and arrears recovery.
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Legal Considerations
Child support is governed by a strict federal-provincial framework and several leading Supreme Court of Canada decisions.
This template is for informational purposes only and does not constitute legal advice. Child support carries significant long-term financial and tax consequences and may interact with custody, spousal support, family property and tax credits. Consult a qualified Canadian family-law lawyer in your province for advice specific to your situation, particularly where the Payer's income exceeds $150,000, where shared custody or split custody is in issue, or where undue hardship is claimed.
Reviewed for Canadian federal and common-law-province requirements
Federal Divorce Act and Child Support Guidelines
Section 15.1 of the Divorce Act authorises a court to order one spouse to pay child support to the other. Section 15.3 gives child support priority over spousal support — child support is calculated first, and spousal support is set on the remaining family income. The Federal Child Support Guidelines, SOR/97-175, are mandatory across all provinces (with the limited exception of Quebec, which has its own model). The Guidelines are reviewed periodically by the Department of Justice; the current version is current as of 2026-03-17.
Section 3 — Base Table Amount
Section 3 fixes the base monthly child support as the amount set out in the Federal Child Support Table for the Payer's province of residence, having regard to the Payer's annual income and the number of children. The table amount is mandatory — a court (or parties) may depart from it only under sections 4 (high income), 5 (step-parent), 7 (special expenses, added to the base), 8 (split custody), 9 (shared custody) or 10 (undue hardship).
Section 7 — Special or Extraordinary Expenses
Section 7 lists six categories of qualifying expenses that may be added to the base table amount and shared by the parents in proportion to their respective incomes: (a) child care expenses, (b) medical and dental insurance premiums attributable to the child, (c) health-related expenses that exceed insurance reimbursement by at least $100 per year, (d) primary or secondary school expenses, (e) post-secondary education expenses, (f) extraordinary extracurricular activities. The expenses must be necessary in relation to the child's best interests and reasonable in relation to the parents' means. Subsidies and tax benefits other than the Canada Child Benefit are deducted before the pro-rata calculation.
Section 9 — Shared Custody
Where the children spend at least 40 percent of the time with each parent over the year, section 9 of the Guidelines applies. The Supreme Court of Canada in Contino v Leonelli-Contino, 2005 SCC 63 held that the court must consider three factors: (a) the table amount for each parent, (b) the increased cost of the shared parenting arrangement, and (c) the conditions, means, needs and other circumstances of each parent and the children. The most common starting point is the "straight set-off" — each parent's table amount, with the higher-income parent paying the difference.
Section 4 — High-Income Payers
Where the Payer's annual income exceeds $150,000, section 4 of the Guidelines permits a departure from the table amount on the portion above $150,000. The Supreme Court of Canada in Francis v Baker, [1999] 3 SCR 250 held that the table is presumptively appropriate at all income levels — the Payer bears the burden of demonstrating that the table amount would be inappropriate having regard to the children's conditions, means, needs and other circumstances.
Section 10 — Undue Hardship
On the application of either spouse, the court may award child support that is different from the table amount if it finds that the applicant or a child would otherwise suffer undue hardship. The application must be denied if the applicant's household standard of living, after the table amount is paid, would be higher than the other spouse's household (section 10(3)). Schedule II of the Guidelines provides the standard-of-living comparison formula.
Income Tax Treatment — 1997 Reform
Pursuant to section 56.1(4) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), child support orders made on or after 1 May 1997 are NEITHER deductible to the Payer NOR includable in the Recipient's income — the 1997 child support tax reform. This sharply distinguishes child support from periodic spousal support, which remains deductible (T1 line 22000) and taxable (line 12800).
Provincial Enforcement and Recalculation
Each common-law province operates a maintenance enforcement program: the Family Responsibility Office (Ontario), the Family Maintenance Enforcement Program (British Columbia), the Maintenance Enforcement Program (Alberta), the Maintenance Enforcement Office (Saskatchewan), and equivalents elsewhere. British Columbia, Alberta and Saskatchewan also operate Child Support Recalculation Services that automatically adjust the table amount each year based on the Payer's updated income — Ontario does not. Registration is highly recommended.
Quebec — Excluded From This Template
Quebec is governed by the civil-law regime under the Civil Code of Québec and uses its own Quebec Child Support Determination Service rather than the Federal Child Support Tables. A separate Quebec-specific template will follow in a future sprint.
Frequently Asked Questions
Create Your Child Support Agreement Now
Build a Federal Child Support Guidelines-compliant agreement in minutes. The Free version produces a base-table-amount agreement with the section 3 amount, income recital, and basic enforcement provisions. Upgrade to Expert to add the section 7 pro-rata expense calculator, section 9 shared-custody adjustment, section 4 high-income override, section 10 undue-hardship clause, annual income-exchange mechanism, registration with the provincial Child Support Recalculation Service, and registration with the provincial maintenance-enforcement agency.
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