What Happens to Child Support If My Ex-Spouse Gets Laid Off?

Most child support amounts are set at separation through a court order or written agreement. That amount stays enforceable unless a court approves a change. Job loss alone does not cancel the obligation.

Job loss can still create practical and legal pressure for both parents. One parent may face difficulty meeting payment terms. Other parent may absorb additional day to day expenses to maintain consistency for the child. Housing, education, and basic living costs continue regardless of employment status.

In this blog, we clarify your obligations related to child support and how to advocate for your rights in Canada.

Child Support Obligations in Canada 

Child support is a legal obligation that does not automatically end or adjust when a person loses their job. In Ontario, child support is determined primarily based on the payor’s income, following the guidelines provided by the federal Child Support Tables.

When a spouse who is responsible for paying child support gets laid off, they receive severance pay from their employer and can also apply for Employment Income. Both these payments are considered as income, which means your ex-spouse should continue paying the payments without any issue. 

However, sometimes they might not be eligible for either or both, they can get the amount reduced. It isn’t as simple though.

If your ex-spouse lost their job because of misconduct or fraud, family courts are unforgiving and their income will be imputed to meet your child’s support needs. It is the same for being fired due to illegal activities, anti-social behaviour, or failure to cooperate with co-employees. 

On the other hand, if your ex-spouse was fired because of reasons beyond their control, the court will consider their current income and reduce child support temporarily. Once they get a job, they will recalculate the child support amount and could also ask them to pay back support.

What factors does a judge consider when making changes?

• Reason for job loss, whether involuntary or voluntary
• Efforts made to secure new employment
• Whether reduced support payment will meet the child’s needs
• Timing of the modification request after the job loss
• Whether the parent is acting in good faith to meet obligations

What if my ex-spouse quit their job and found a lower-paying job to reduce child support payments? 

When someone intentionally quits their job or takes a lower-paying position to reduce their child support payments, the court doesn’t look kindly on these actions. In such scenarios, the other parent can request the court to assess income based on what the individual should be earning. This process is known as imputing income, and it’s covered under section 19 of the Child Support Guidelines. If you feel your ex-partner is hiding income, please collect proof and reach out to a family lawyer for further steps.

The law in Ontario is quite clear on this matter. Your child’s best interest matter the most in this case. A parent is expected to make reasonable efforts to secure a job that suits their qualifications and circumstances. The court considers factors such as age, health, education, skills, and previous work history along with the availability of work, and the possibility of relocating when determining imputing income. Therefore, the ex-spouse would need to document your job search effort as the court will require evidence to reduce their payments.

Child Support Lawyer in Etobicoke

Get in touch today with a family lawyer in Etobicoke that specialises in child support laws. Our lawyers at Noori Law are here for you. We put care and attention into every case we handle and work in your best interests. Please reach out today for a consultation. 

Frequently Asked Questions

1. Can child support be reduced retroactively after a job loss in Ontario?

Ontario courts can allow a retroactive reduction, but only in limited and specific circumstances. Courts expect the payor to disclose the job loss immediately and bring a motion to change support without delay.

A judge will evaluate whether the payor acted in good faith, continued partial payments where possible, and provided full financial disclosure. If the payor waited months before seeking relief, courts often refuse retroactive adjustments.

2. Does severance pay count as income for child support purposes in Canada?

Severance pay counts as income for child support purposes under the Federal Child Support Guidelines. Judges often spread severance over the period it is intended to cover, such as several months of lost wages.

Child support will continues at the same level during that period. A payor cannot avoid support obligations simply because the income arrives as a lump sum.

3. What happens if my ex spouse delays telling me about their job loss?

Courts view silence or delayed disclosure as bad faith, especially if support payments stop without explanation. Judges may refuse to reduce support retroactively and may order arrears to remain payable. In some cases, courts impose cost penalties.

4. How does EI income affect child support calculations in Ontario?

Employment Insurance counts as income for child support purposes. Courts calculate support based on EI benefits when a payor remains unemployed through no fault of their own.

This will not permanently reduce child support payments. Your ex-spouse is expected to actively search for a new job and must update the court about their efforts. Courts may allow a temporary adjustment while EI is the only income source, but they often schedule review dates.

Once they find employment, child support is recalculated.

5. What happens if my ex spouse works cash jobs after being laid off?

If evidence shows a payor earns cash income, judges may impute income under section 19 of the Child Support Guidelines. Imputation allows courts to assign an income level based on earning capacity, work history, and available employment. Proof may include bank deposits, lifestyle evidence, witness testimony, or inconsistencies in financial disclosure.