33 (1) A court may, on application, order a person to provide support for his or her dependants and determine the amount of support.  R.S.O. 1990, c. F.3, s. 33 (1). Applicants (2) An application for an order for the support of a dependant may be made by the dependant or the dependant’s parent.  R.S.O. 1990, c. F.3, s. 33 (2). Same (2.1) The Limitations Act, 2002
applies to an application made by the dependant’s parent or by an agency referred to in subsection (3) as if it were made by the dependant himself or herself.  2002, c. 24, Sched. B, s. 37. Same (3) An application for an order for the support of a dependant who is the respondent’s spouse or child may also be made by one of the following agencies, (a) the Ministry of Community and Social Services in the name of the Minister; (b) a municipality, excluding a lower-tier municipality in a regional municipality; (c) a district social services administration board under the District Social Services Administration Boards Act; (d)  Repealed:  2006, c. 19, Sched. B, s. 9. (e) a delivery agent under the Ontario Works Act, 1997, if the agency is providing or has provided a benefit under the Family Benefits Act, assistance under the General Welfare Assistance Act or the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997 in respect of the dependant’s support, or if an application for such a benefit or assistance has been made to the agency by or on behalf of the dependant.  1997, c. 25, Sched. E, s. 1; 1999, c. 6, s. 25 (4); 2002, c. 17, Sched. F, Table; 2005, c. 5, s. 27 (8); 2006, c. 19, Sched. B, s. 9. Setting aside domestic contract (4) The court may set aside a provision for support or a waiver of the right to support in a domestic contract and may determine and order support in an application under subsection (1) although the contract contains an express provision excluding the application of this section, (a) if the provision for support or the waiver of the right to support results in unconscionable circumstances; (b) if the provision for support is in favour of or the waiver is by or on behalf of a dependant who qualifies for an allowance for support out of public money; or (c) if there is default in the payment of support under the contract at the time the application is made.  R.S.O. 1990, c. F.3, s. 33 (4); 2006, c. 1, s. 5 (1). Adding party (5) In an application the court may, on a respondent’s motion, add as a party another person who may have an obligation to provide support to the same dependant.  R.S.O. 1990, c. F.3, s. 33 (5). Idem (6) In an action in the Superior Court of Justice, the defendant may add as a third party another person who may have an obligation to provide support to the same dependant.  R.S.O. 1990, c. F.3, s. 33 (6); 2006, c. 19, Sched. C, s. 1 (1). Purposes of order for support of child (7) An order for the support of a child should, (a) recognize that each parent has an obligation to provide support for the child; (b) apportion the obligation according to the child support guidelines.  R.S.O. 1990, c. F.3, s. 33 (7); 1997, c. 20, s. 3 (1). Purposes of order for support of spouse (8) An order for the support of a spouse should, (a) recognize the spouse’s contribution to the relationship and the economic consequences of the relationship for the spouse; (b) share the economic burden of child support equitably; (c) make fair provision to assist the spouse to become able to contribute to his or her own support; and (d) relieve financial hardship, if this has not been done by orders under Parts I (Family Property) and II (Matrimonial Home).  R.S.O. 1990, c. F.3, s. 33 (8); 1999, c. 6, s. 25 (5); 2005, c. 5, s. 27 (9). Determination of amount for support of spouses, parents (9) In determining the amount and duration, if any, of support for a spouse or parent in relation to need, the court shall consider all the circumstances of the parties, including, (a) the dependant’s and respondent’s current assets and means; (b) the assets and means that the dependant and respondent are likely to have in the future; (c) the dependant’s capacity to contribute to his or her own support; (d) the respondent’s capacity to provide support; (e) the dependant’s and respondent’s age and physical and mental health; (f) the dependant’s needs, in determining which the court shall have regard to the accustomed standard of living while the parties resided together; (g) the measures available for the dependant to become able to provide for his or her own support and the length of time and cost involved to enable the dependant to take those measures; (h) any legal obligation of the respondent or dependant to provide support for another person; (i) the desirability of the dependant or respondent remaining at home to care for a child; (j) a contribution by the dependant to the realization of the respondent’s career potential; (k)  Repealed:  1997, c. 20, s. 3 (3). (l) if the dependant is a spouse, (i) the length of time the dependant and respondent cohabited, (ii) the effect on the spouse’s earning capacity of the responsibilities assumed during cohabitation, (iii) whether the spouse has undertaken the care of a child who is of the age of eighteen years or over and unable by reason of illness, disability or other cause to withdraw from the charge of his or her parents, (iv) whether the spouse has undertaken to assist in the continuation of a program of education for a child eighteen years of age or over who is unable for that reason to withdraw from the charge of his or her parents, (v) any housekeeping, child care or other domestic service performed by the spouse for the family, as if the spouse were devoting the time spent in performing that service in remunerative employment and were contributing the earnings to the family’s support, (v.1)  Repealed:  2005, c. 5, s. 27 (12). (vi) the effect on the spouse’s earnings and career development of the responsibility of caring for a child; and (m) any other legal right of the dependant to support, other than out of public money.  R.S.O. 1990, c. F.3, s. 33 (9); 1997, c. 20, s. 3 (2, 3); 1999, c. 6, s. 25 (6-9); 2005, c. 5, s. 27 (10-13). Conduct (10) The obligation to provide support for a spouse exists without regard to the conduct of either spouse, but the court may in determining the amount of support have regard to a course of conduct that is so unconscionable as to constitute an obvious and gross repudiation of the relationship.  R.S.O. 1990, c. F.3, s. 33 (10); 1999, c. 6, s. 25 (10); 2005, c. 5, s. 27 (14). Application of child support guidelines (11) A court making an order for the support of a child shall do so in accordance with the child support guidelines.  1997, c. 20, s. 3 (4). Exception: special provisions (12) Despite subsection (11), a court may award an amount that is different from the amount that would be determined in accordance with the child support guidelines if the court is satisfied, (a) that special provisions in an order or a written agreement respecting the financial obligations of the parents, or the division or transfer of their property, directly or indirectly benefit a child, or that special provisions have otherwise been made for the benefit of a child; and (b) that the application of the child support guidelines would result in an amount of child support that is inequitable given those special provisions.  1997, c. 20, s. 3 (4). Reasons (13) Where the court awards, under subsection (12), an amount that is different from the amount that would be determined in accordance with the child support guidelines, the court shall record its reasons for doing so.  1997, c. 20, s. 3 (4). Exception: consent orders (14) Despite subsection (11), a court may award an amount that is different from the amount that would be determined in accordance with the child support guidelines on the consent of both parents if the court is satisfied that, (a) reasonable arrangements have been made for the support of the child to whom the order relates; and (b) where support for the child is payable out of public money, the arrangements do not provide for an amount less than the amount that would be determined in accordance with the child support guidelines.  1997, c. 20, s. 3 (4). Reasonable arrangements (15) For the purposes of clause (14) (a), in determining whether reasonable arrangements have been made for the support of a child, (a) the court shall have regard to the child support guidelines; and (b) the court shall not consider the arrangements to be unreasonable solely because the amount of support agreed to is not the same as the amount that would otherwise have been determined in accordance with the child support guidelines.  1997, c. 20, s. 3 (4). Section Amendments with date in force (d/m/y) 1997, c. 20, s. 3 (1-4) - 01/12/1997; 1997, c. 25, Sched. E, s. 1 - 01/07/1998; 1999, c. 6, s. 25 (4-10) - 20/11/1999 2002, c. 17, Sched. F, Table - 01/01/2003; 2002, c. 24, Sched. B, s. 37 - 01/01/2004 2005, c. 5, s. 27 (8-14) - 09/03/2005 2006, c. 1, s. 5 (1) - 30/04/2007; 2006, c. 19, Sched. B, s. 9 - 22/06/2006; 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006