Frequently Asked Questions - Child Support

Disclaimer:

Please note that this is not a legal text and will not give you legal advice. These "Frequently Asked Questions" (FAQs) will give you general legal information. To get legal advice regarding a family law issue, you would have to speak with a lawyer who practices family law.

Links to other websites are provided solely for your convenience. The Department of Justice Canada is not responsible for the information you may find on any other site.

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Child Support

Note: Questions and answers about the enforcement of child support orders are in a separate section of these FAQs.

You may also wish to refer to the Department of Justice publication called The Federal Child Support Guidelines: Step-by-Step for additional information.

1. What is child support?
   
   
2. Are both parents responsible for supporting their children financially after a separation or divorce?
   
   
3. What if I do not want child support from the other parent?
   
   
4. How do I calculate child support?
   
   
5. Which child support guidelines would I use to calculate child support if the other parent and I live in different provinces?
   
   
6. How can I obtain child support if I live in Canada but the other parent lives in another country?
   
   
7. Which child support guidelines would I use to calculate child support if I live in Canada but the other parent lives in another country?
   
   
8. How can I get child support from a person who lives in Canada if I live in another country?
   
   
9. I cannot get a child support order in the country where I live. Can I apply to a Canadian court for child support if the other parent lives in Canada?
   
   
10. If the other parent and I make our own child support arrangements, do we have to base child support amounts on the applicable child support guidelines?
    
    
11. Does the requirement to pay child support depend on the age of the child?
    
    
12. When can child support end?
    
    
13. Can I pay child support directly to my child rather than to the other parent?
    
    
14. Why are child support amounts based on before-tax income (gross income) rather than after-tax income (net income)?
    
    
15. Why do the Federal Child Support Guidelines have a separate table for each province and territory?
    
    
16. If either parent remarries or moves in with a new partner, does the income of the new spouse or partner affect how much child support must be paid?
    
    
17. How do we determine child support amounts if we have a different parenting arrangement for each child?
    
    
18. Do I have to disclose my income to determine child support?
    
    
19. If my income was used to determine the amount set out in a child support order, do I have to continue providing my income information to the other parent?
    
    
20. If my income changes, does it affect how much child support I have to pay?
    
    
21. If I have children with a new partner, do I still have to pay child support for children from an earlier relationship?
    
    
22. If I marry and then divorce someone who already has a child from another relationship, would I have to pay child support for that child?
    
    
23. Do I still have to pay child support if the other parent will not let me see the child?
    
    
24. Do parents who receive child support have to account for how they spend child support payments?
    
    
25. If I put money into my RRSP or withdraw money from it, can I deduct the amount from my gross income when calculating how much child support I should pay?
    
    
26. If I pay or receive child support, does it affect how much income tax I have to pay?

1. What is child support?

"Child support" is the money that is paid by parents for the financial support of their children when there is a separation or divorce.

2. Are both parents responsible for supporting their children financially after a separation or divorce?

Yes. Children depend on their parents for financial support. They are also entitled to it by law. A separation or divorce does not change parents' ongoing duty to support their children financially. Under the Divorce Act, both parents have an obligation to contribute to the financial support of their children.

3. What if I do not want child support from the other parent?

Child support is your child's right and he or she is entitled to it by law. In intact families, children benefit from both parents' incomes, and they should continue to do so if their parents separate or divorce. Judges may refuse to grant a divorce if they are not satisfied with arrangements made for the continued financial support of the children of a marriage.

In some cases, special circumstances may affect parents' or a court's decision about child support. For example, if one parent transfers his or her interest in the family home to the other parent without compensation, it may benefit the child directly or indirectly. Parents may wish to take such circumstances into consideration when deciding on an appropriate amount of child support.

4. How do I calculate child support?

Child support is to be calculated using child support guidelines. The guidelines to use depend on the situation:

• The Divorce Act states that the Federal Child Support Guidelines apply in all divorce cases, unless both parents live in the same designated province. New Brunswick, Manitoba and Quebec are designated provinces and they apply their own child support guidelines when both divorcing parents live there. You can find instructions for calculating child support amounts under the Federal Child Support Guidelines, as well as additional information about the designation of a province, in the publication called The Federal Child Support Guidelines: Step-by-Step.
• Provincial or territorial guidelines apply when the parents were never married to each other and when married parents separate but do not divorce.

The child support guidelines of most provinces and territories are a lot like the federal guidelines. In fact, in some jurisdictions, child support is calculated in the same way; while in others, the differences are relatively minor. Quebec's guidelines, however, are quite different. Contact provincial or territorial authorities or refer to their website if you want or need information specifically related to your province or territory.

5. Which child support guidelines would I use to calculate child support if the other parent and I live in different provinces?

If you and the other parent are divorced or are in the process of getting a divorce, the Federal Child Support Guidelines apply, and the Table for the province where the paying parent lives should be used. You may find it helpful to refer to the chart in Step 4 of the publication called Federal Child Support Guidelines: Step by Step.

If you were never married to the other parent or if you are not getting a divorce, you should check with your provincial or territorial government, a family law lawyer or a family justice service (Inventory of Government-based Family Justice Services) to find out which provincial or territorial guidelines apply.

6. How can I obtain child support if I live in Canada but the other parent lives in another country?

Getting child support can be complicated if the other parent lives in another country. Many factors can affect your ability to get child support from someone in another country so you should seek legal advice. You should also contact the inter-jurisdictional and international support enforcement programs in your province or territory to find out, for example, if any systems are in place to enforce a support order from a Canadian court in that other country.

7. Which child support guidelines would I use to calculate child support if I live in Canada but the other parent lives in another country?

If you divorce under Canada's Divorce Act, the Federal Child Support Guidelines would apply. Since the paying parent does not live in Canada, you would use the Federal Child Support Tables for the province or territory where you live to calculate child support.

Federal family law only applies in situations where married couples divorce under Canada's Divorce Act. You should seek legal advice if, for example, you were never married to the other parent or if you divorce under the laws of another country.

8. How can I get child support from a person who lives in Canada if I live in another country?

If you divorce under Canada's Divorce Act, you can request a support order from a Canadian court. In this case, you should seek legal advice or contact the ministry responsible for family law in the province or territory where the other parent lives to find out how to apply for a support order in that province or territory.

Otherwise, you would generally need a support order from a court in your country.

Once you have a support order from a court, you or child support authorities in your country can contact authorities responsible for enforcing international support orders in the province or territory where the other parent lives.

9. I cannot get a child support order in the country where I live. Can I apply to a Canadian court for child support if the other parent lives in Canada?

If you divorced or are divorcing under Canada's Divorce Act and the other parent has lived in a Canadian province or territory for at least one year, you can apply to a court in that province or territory for a support order.

If you did not get a divorce in Canada, getting a support order from a Canadian court would depend on the laws of the province or territory where you apply for the order. This would be the case, for example, if you are not married to the other parent, or if you are married and have separated but do not divorce, or if you divorce under the laws of a country other than Canada.

You should seek advice from a family law lawyer in the province or territory where the other parent lives. You may also wish to contact the ministry responsible for family law for that province or territory or refer to their website.

10. If the other parent and I make our own child support arrangements, do we have to base child support amounts on the applicable child support guidelines?

Child support guidelines have been adopted by each province and territory in Canada as well as under the federal Divorce Act. They are the law. They tell you how a judge would most likely figure out the amount of child support in your situation. You and the other parent may agree on an amount that is different from the amount set out in the guidelines, given your specific circumstances.

Before you agree on an amount that is different from the Guidelines, you may wish to seek legal advice to make sure you know what your child is entitled to under the law. Sometimes one parent will agree to a smaller amount because the other parent is pressuring them in an unfair way. At other times, it may make sense for your family to decide on an amount that is different from the Guidelines. You should know, however, that a court can refuse to grant a divorce if it is not satisfied with the child support arrangements.

If you ask a court to determine how much child support should be paid, the judge must base his or her decision on child support guidelines and on any special circumstances that may apply.

11. Does the requirement to pay child support depend on the age of the child?

The Divorce Act says that when parents divorce, their children are automatically entitled to support if the children are under the age of majority and still dependent on their parents. The age of majority is either 18 or 19 years of age, depending on the province or territory where the children live.

Divorced or divorcing parents may also be required to support a child who is at or over the age of majority if the child is still dependent on the parents because of a disability, illness or other reason. Generally, the courts recognize the pursuit of reasonable education as a valid "other reason. " If you and the other parent cannot agree on whether child support should be paid for a child who has reached the age of majority, you may want to consult a family law lawyer or seek family justice services such as mediation to help you negotiate an agreement out of court.

You can find more information in Step 2 of The Federal Child Support Guidelines: Step-by-Step.

12. When can child support end?

If you already have a support order or a written agreement, it may indicate when child support will end. If it does not say when support ends, then the requirement to pay child support continues until the order is changed by a court or you and the other parent change your agreement.

13. Can I pay child support directly to my child rather than to the other parent?

Child support is generally paid to the other parent, not the child. Judges can order that it be paid directly to a child who is at or over the age of majority but rarely do so. Judges will consider the family's situation to determine whether it is appropriate.

You may wish to seek legal advice to determine whether this is an option in your particular situation.

14. Why are child support amounts based on before-tax income (gross income) rather than after-tax income (net income)?

Gross income, as adjusted by Schedule 3 of the Federal Child Support Guidelines, is generally considered to be a fairer and more accurate indication of a parent's ability to pay child support than net income. Net income often reflects a number of optional and discretionary deductions. Only the adjustments listed in Schedule 3 are allowed when calculating income for child support purposes.

Although gross income is used to calculate child support, the basic taxes that parents must pay are factored into the amounts set out in the tables. So, in effect, amounts are based on after-tax income to a large extent.

15. Why do the Federal Child Support Guidelines have a separate table for each province and territory?

Federal, provincial and territorial taxes are factored into the child support amounts found in the Federal Child Support Tables. Taxes vary from one province/territory to another, which means that their impact on a parent's capacity to pay child support can vary accordingly.

16. If either parent remarries or moves in with a new partner, does the income of the new spouse or partner affect how much child support must be paid?

As a general rule, child support is the responsibility of the child's parents so the income of a parent's new spouse would not be taken into account in determining child support.

Under the Federal Child Support Guidelines, a new spouse's income is only taken into account if either parent claims undue hardship. In that case, the income of each member of both households must be taken into account. A judge would then compare the standard of living in the two households to determine if the claim should be accepted and whether the child support amount should be changed.

17. How do I and the other parent determine child support amounts if we have a different parenting arrangement for each child?

The Federal Child Support Guidelines: Step-by-Step, particularly Step 3 provides information on some basic and specific parenting arrangements. There may be discretion in determining child support when there is a different parenting arrangement for each child for whom you are calculating support. You may want to talk to a family law lawyer for some help and guidance on how to determine child support in your particular circumstances.

18. Do I have to disclose my income to determine child support?

Both you and the other parent need to provide complete income information for the last three tax years in the following circumstances:

• There is a split or shared custody arrangement;
• There are special expenses;
• There is a claim of undue hardship;
• A child is at or over the age of majority;
• The paying parent earns more than $150,000 per year; or
• One of you acted in place of a parent to the child (for example, a step-parent).

If none of these situations apply, only the paying parent is required to provide his or her income information.

19. If my income was used to determine the amount set out in a child support order, do I have to continue providing my income information to the other parent?

The Federal Child Support Guidelines say that you must provide your income information not more than once a year if you receive a written request for it from the other parent or from an "order assignee" such as a provincial agency. In addition, your court order may require you to provide updated income information at specified times or in specified situations.

You should also be aware that in 2006, the Supreme Court of Canada decided that parents could be ordered to make retroactive child support payments if they did not keep the other parent informed of changes in their income. So even if you are not specifically asked or ordered to update your income information, it is recommended that you do so.

20. If my income changes, does it affect how much child support I have to pay?

Since support payments are based on income, your payments may go up or down if your income changes. However, the amount of support does not change automatically.

If a change in your income would affect the child support amount determined using the Federal Child Support Guidelines, it is considered a "change in circumstances" that may allow you to have your order varied. A variation order is obtained through a court. Note that some provinces and territories have recalculation services that allow support amounts to be updated without having to go to court. Currently, the provinces with services to recalculate federal child support orders are Newfoundland and Labrador, Prince Edward Island, Manitoba and Alberta.

You may wish to consult the Federal Child Support Guidelines: Step-by-Step for more information on changing a child support order.

If your support order was made under provincial rather than federal law, you may wish to contact authorities in your jurisdiction for more information on what services are available for recalculating child support.

21. If I have children with a new partner, do I still have to pay child support for children from an earlier relationship?

Parents must continue supporting their children financially even if they have new family responsibilities. An existing support order remains in effect until the end date set out in the order or until it is changed by a court.

Under the Federal Guidelines, a court may order a different child support amount if a claim for undue hardship is successful. Circumstances that may cause undue hardship include the obligation to support children from a new relationship. There are two steps in determining if a parent or a child is experiencing undue hardship:

• You must first show that your circumstances would make it very difficult to pay the required amount of child support.
• Both households would then be compared to see if the household of the parent asking for the child support change has a lower standard of living than the household of the other parent.

22. If I marry and then divorce someone who already has a child from another relationship, would I have to pay child support for that child?

Under the Divorce Act, you might have to pay child support if you stood in place of a parent to that child, which is also called being "in loco parentis".

In such cases, judges have discretion to set an appropriate amount of child support, taking into account the amount set out in the Federal Guidelines and the legal duty of any other parent to support the child.

23. Do I still have to pay child support if the other parent will not let me see the child?

Child support and child access are separate issues. Your child still needs financial support even if you have no contact with that child for whatever reason.

Similarly, access to a child should not be denied just because there is an issue with child support payments. In most cases, the child still needs to see the other parent even if that parent is not paying the support owed.

It would be a good idea to seek legal advice to determine how best to approach such situations. Family justice services such as mediation may also be able help you and the other parent to resolve this issue.

24. Do parents who receive child support have to account for how they spend child support payments?

Courts have generally decided that parents who receive child support do not have to account for how they spend the money. A child's living expenses are very closely linked to the overall expenses of the household where the child is living. It would be almost impossible for a parent to figure out what portion of typical household expenses such as heating, lighting, accommodation and transportation should be attributed specifically to the child. There are also often a lot of small, day-to-day expenses that are difficult to keep track of but that add up quickly. If you think that your child is being seriously neglected and is going without basic food and clothing on an ongoing basis, it would be a good idea to get legal advice. Family justice services such as mediation may also be able help you and the other parent to resolve this issue.

25. If I put money into my RRSP or withdraw money from it, can I deduct the amount from my gross income when calculating how much child support I should pay?

Under the Federal Child Support Guidelines, child support calculations must be based on the amount of income shown on line 150 of your income tax return, adjusted by Schedule 3 of the Guidelines. This would include any amount withdrawn from an RRSP. The Guidelines do not include a provision allowing you to deduct RRSP investments or withdrawals from income used to calculate child support. However, the courts do have some discretion when deciding how to deal with rare or one-time amounts (non-recurring amounts). You may wish to ask a lawyer for advice on this.

26. If I pay or receive child support, does it affect how much income tax I have to pay?

No. Paying parents cannot claim their child support payments as a deduction and receiving parents cannot claim the amount of child support they receive as income. Taxes are factored into the child support amounts set out in the Federal Child Support Tables.

More information on how child support affects taxes may be available from Canada Revenue Agency.