Teen pregnancy: The Law on Child Support

Jordan had always thought that the relationship he had with his girlfriend of 2 years, Claire, would last beyond their days in high school. Jordan, a Grade 11 student who just recently turned seventeen, met sixteen year old Claire during a party they both attended through a mutual friend. As their relationship got more serious, they also became sexually active, and felt that they had been regularly practising safe sex when they were with each other.

Since Jordan always remembered having protected sex with Claire, it came as quite a surprise to him when she told him that she was pregnant. He first received the news six months ago, when Claire sat him down at her home to tell him that she was expecting. The couple had decided to keep the baby, hoping to raise the child together despite the possible hardships of becoming a teen parent.

A couple of months ago Jordan and Claire broke off their relationship, as the strain of becoming parents  took a toll on each of them. Claire is still committed to raising her child, but Jordan is unsure of what his role as a father will involve. Jordan lost his part time job working at a retail store, and is worried about having to pay child support. Claire does not currently hold a part time job, and both teens are wondering if raising a child will get in the way of graduating high school on time. He is unsure about what the obligations of paying child support will mean for him, and he is worried about how he can afford it.

As the days to his child's birth comes closer, Jordan has started to become more and more worried about having to financially and emotionally support his child, and he has questioned whether the baby is actually his own. There was a period of several months where the couple had broken up, and he wonders if Claire had had other sexual partners who could possibly be the father of the child. If so, Jordan wonders if and how he can establish paternity once the child is born. He is unsure what the legal obligations are if he is given paternity forms to sign, and if paternity is not established in his favour, he wonders if he will still have to pay child support.

What are Jordan's legal rights when it comes to becoming a father?

Legal information

All parents have a legal obligation to financially support their children until at least the age of 18. That obligation begins once the baby is born. When a parent does not live with their children, they still have a legal obligation to provide financial support.

If Jordon is unsure if the child is biologically his, he talk to Claire about having the baby get a paternity test. If she does not agree Jordon is entitled to ask the courts to order one. ( To read more on this process and help available, click here). 

Child support is the money that is paid by parents for the financial support of their children. This is outlined in the Family Law Act. The objective of this law is, “to establish a fair standard of support for children that ensures that they benefit from the financial means of their parents.” (To read more on this law, click here) 

Jordan and Claire have the option to set up their own child support agreement outside of the court system. If Jordan and Claire set up your own support agreement, they have some flexibility about the amount that will be paid, so long as they both come to an agreement and it is a fair amount. This method of arranging a support amount is common among parents. If the parties decide on the child support arrangement on their own, it must be registered with the Family Responsibility Office (FRO) to ensure enforcement of the child support payments. Once a family is registered with FRO, the process is as follows: 1) the parent paying the support makes the payments to FRO, and then 2) FRO sends the money to the parent who is owed the money. Moreover, the FRO can take action if the parent does not pay.

If the parents cannot agree on an amount of child support payment, they can take a look at the Child Support Guidelines outlined in the Family Law Act. These guidelines, based on the payor's income, outline what Jordan should expect to be paying in terms of support . The support amount is based on the average costs of raising the child considering the income level of the parent.

When a dispute about child support goes to court, in order to determine the amount of support that is owed, the court may look at the following: a copy of both parties personal income taxes filed with Canada Revenue Agency, a copy of assessment from Canada Revenue Agency, most recent statement of earnings, and if either party is on employment insurance or social assistance- a total income from the applicable source. The type of custody arrangement is also a factor, as the guidelines assume that the child spends the majority of his or her time with the parent who is receiving the child support. Needless to say, if faced with this scenario it is best to obtain legal advice to decide the best course of action.

For more information check out these Family Law Legal Resources :

Family Law Services Centres

Family Support Program (for people on Ontario Works) 


Child support brochure by FLEW

About Child Support, brochure by Dept of Justice 

If you are under age 18 in Ontario and have legal questions about child support, please contact a lawyer at JFCY at 416-920-1633, or toll-free at 1-866-999-5329.  

Scenario was written by Inez Leutenegger, a PLE  Team Member volunteer and paralegal student. Legal information written by Sarah Mehta Alexander, a JFCY volunteer who is a Master of Laws student. Legal information was reviewed by JFCY.

Teen Pregnancy - Part Two (non-medical decisions)

Kiran and her boyfriend Rick are fifteen years old and in grade ten.  They have been dating for several months and spend most of their time together.  They care about each other and trust each other very much.  A few months into their relationship, Kiran and Rick felt ready to begin having a sexually intimate relationship. 

Kiran has a lot of questions about sex and the emotions that she is feeling but she has only discussed her relationship with her peers at school.  She has not told her parents or her doctor about her sexual relationship.  She is afraid that if she tells her parents she will get in trouble.  She also believes that she cannot see a doctor without her parents’ permission and if she does see a doctor, she is afraid they will tell her parents what they have discussed.

Since Kiran has not spoken with a doctor, she is not using any methods of birth control, (such as the birth control pill) other than condoms.  Both Rick and Kiran are shy and embarrassed to buy condoms in the store, so they only use condoms when Rick asks his older brother. 

This month Kiran missed her period and thinks she might be pregnant.  She and her friend go to the pharmacy and purchase a pregnancy test.  When she takes the test she sees a positive result, indicating that she is pregnant.  Kiran is overwhelmed, scared and doesn’t know what to do next.  What are her options?  What are her rights?

There are two parts to Kiran’s decision-making about the pregnancy: medical decisions, and non-medical decisions (like adoption, involving Rick in the pregnancy, and supporting a baby).  Last week’s post covered Kiran’s medical rights and decisions – today’s post is about her non-medical decisions and providing care for a baby.  This post does not include information about receiving financial support, such as government benefits or child support, for a baby.

If Kiran decides to carry her fetus to term, there are a number of decisions to consider.  She will have to think about whether she wants to raise a baby or put the baby up for adoption, what kind of parenting the baby will have, and how the baby will be supported.  While Kiran is pregnant, Rick has no legal rights to be involved with her pregnancy.  After the baby is born, both parents have legal rights regarding the baby.

Adoption: Legal Issues

If Kiran and Rick both do not want to raise the baby, they have the option of putting the baby up for adoption.  In an adoption, another person or people will raise the baby, and take on the legal responsibilities relating to the baby.  In Ontario, both parents must give their consent in order for an adoption to occur – this means that Kiran and Rick must both agree that an adoption is the right decision for them and for the baby.  The baby must be at least one week old before they can make this decision, and since both parents are under 18, a government lawyer (called the Children’s Lawyer) must confirm that each one understands the decision he or she is making and genuinely wants to give consent.

After Rick and Kiran have given their consent for an adoption, they may still change their minds and withdraw consent for up to 21 days following the initial decision.  Sometimes this time can be extended, but only if the baby has not yet been placed for adoption.

When the baby is put up for adoption, the Children’s Aid Society or a licensed private agency will take responsibility for placing the baby and ensuring that its new home and parents will be able to care well for it.  Kiran and Rick will still have input into what kind of home they would like the baby to be placed in, but it is the family that will best meet the needs of the baby that will be chosen as the adoptive parent(s).  The only exception to this is if a relative, like Kiran’s parents, choose to adopt the baby. 

After an adoption, biological parents like Kiran and Rick are normally not involved in the baby’s life and they will not have access to the baby.  Sometimes, adoptive parents will agree to an “openness agreement.” This agreement would allow Kiran and/or Rick to communicate with the adoptive parents, or to share pictures or letters as the child grows up.  However, the details of this agreement would have to be negotiated, and the adoptive parents are the ones who have full legal rights to the child.  Kiran and Rick can also make decisions about whether and how their biological child can contact them in the future as an adult.

Click here for information about adoption in Ontario (government website)

Click here for information about access to adoption records in Ontario (government website)
Adoption law in Ontario is found in the Child and Family Services Act

Custody and Access: Legal Issues

If Kiran decides to raise the baby, she will have to work with Rick to make decisions about “custody” and “access.”  Having custody of a child means having the right to make important decisions about raising the child – things like school, religion, and health care.  One or both parents can have custody, but if a parent does not have custody, he or she may still have access to the child.  This means that both parents get to see the baby and have a relationship with it.  A parent who does not have custody also has the right to access custody-related information about the child, even if he or she doesn’t have the right to make those decisions.

Kiran will have to work with Rick, preferably with the help of a lawyer, to make decisions about custody and access.  There are many possibilities for arranging custody and access, but the most important thing to consider is the best interest of the baby.  For example, this could mean that the baby will live at Kiran’s house and spend the most time with Kiran if she is breast-feeding.  Rick would come to Kiran’s to visit the baby.  This arrangement could change as the baby grew older.  It is very rare that the court will refuse to allow one parent access to his or her child, although it is possible to put conditions on parental access.  As always, the most important thing is the child’s best interest.

When Kiran and Rick have agreed about access and custody, they will sign agreements that contain their decisions.  It is possible for Kiran and Rick to raise the baby without written custody and access agreements, but having these agreements will make sure that everyone knows who is responsible for what and who has what rights, so that arguments will be less likely.  When there is a written agreement, it can be enforced by a court.  In order to change custody and access decisions, the written agreement must also be changed.

If Rick and Kiran cannot agree about custody and access, they may work with a mediator.  A mediator is someone who helps work through disagreements in order to achieve a result that both parents are happy with.  If they are still unable to agree, they may go to court, where a judge will make an order about custody and access.  Both Rick and Kiran will have to follow the judge’s order.  If they want to change the order, they will have to go back to court.

Click here for a pamphlet on custody and access (external link – Your Legal Rights)
Law about custody and access in Ontario is found in the Children's Law Reform Act

Caring for a baby: When would CAS get involved?

Raising a baby can be scary for young parents, since they have a lot of new responsibilities.  While young people can be great parents and take good care of their new baby, sometimes there is concern about whether the baby is getting all the care and support that it needs.  In this situation, a Children’s Aid Society (CAS) or another child welfare organization will become involved with the family.  Since Kiran and Rick are teen parents, CAS may become involved with them and their baby right from the birth.  If Kiran or Rick was ever involved with CAS before, this is more likely to happen.

If CAS is concerned about Kiran and Rick’s baby, they will investigate.  There are certain rules that they must follow in this investigation in order to make a decision about what should happen next.  They may decide that they do not need to be involved with the family, or that the family needs extra support.  They may also decide that the baby is in need of protection, in which case they can remove the baby from Kiran or Rick’s care.  As in the case of custody and access, the most important consideration will be the best interests of the child.

If the baby is removed from its parents, there will be a child protection hearing in court soon after.  At this hearing, the court will make a decision about next steps.  The court will only keep the baby from Kiran and Rick if the court believes the baby is likely to suffer harm and can’t be protected through other means, like putting conditions on the parents'care.

If CAS becomes involved with Kiran and Rick, it is very important for them to have legal support.  Sometimes CAS involvement can lead to a parent's right of custody and access being terminated completely.  Kiran and Rick should each contact a lawyer to help them understand and protect heir parental rights throughout CAS’s involvement.

Click here for a pamphlet on child protection (external link – Your Legal Rights)
Child protection law in Ontario is found in the Child and Family Services Act

Having a baby is an important and life-changing decision, and there are lots of legal issues involved with raising a child as a young person or a person who is not living with the child’s other parent.  If you have specific questions or a personal situation, you should contact a lawyer for legal advice.  If you are a young person in Ontario and you need a lawyer to represent you, you can call Legal Aid Ontario: (416)598-0200, 1-800-668-8258 (outside GTA), or Justice for Children and Youth (416) 920-1633, 1-866-999-5329 (outside GTA)