Frequently Asked Questions - 2011 Child Support Guidelines

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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.

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2011 Child Support Guidelines

2011 Child Support Guidelines

1. Why were the Federal Tables changed?
2. Have child support amounts increased or decreased as a result of these amendments?
3. Did the formula for calculating child support change?
4. Did the amount of support I pay or receive change automatically as a result of the updated tables?
5. How do I update my child support order or agreement to reflect the updated Federal Tables?
6. Will provincial recalculation services use the updated Federal Tables?
7. If my support order is registered with a Maintenance Enforcement Program (MEP), would I have to notify the MEP if I have the order varied?
8. If the other parent and I are trying to figure out a child support amount for a period before December 31, 2011, what Federal Tables should we use?

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. Why were the Federal Tables changed?

As recommended in two key reports, the Government of Canada committed to review the Federal Tables with the provinces and territories and to update the tables at a minimum of every five years. The Federal Tables were last updated in 2006. The updated Federal Tables are based on more recent federal, provincial and territorial tax rules.

2. Have child support amounts increased or decreased as a result of these amendments?

Amounts have increased in some cases and decreased in others, depending on income levels and the effect of federal and provincial/territorial tax rules. Each province and territory has its own tax rules and therefore its own tables.

3. Did the formula for calculating child support change?

No. The formula used to generate the updated Federal Tables is the same as the formula that was used to generate the two previous versions (1997 and 2006). Any changes to child support amounts were simply due to changes to federal and provincial/territorial tax rules.

4. Did the amount of support I pay or receive change automatically as a result of the updated tables?

No. The updated tables did not automatically change child support amounts set out in an existing order or agreement.

5. How do I update my child support order or agreement to reflect the updated Federal Tables?

Either you or the other parent could apply to a court to have an order changed:

• If the Federal Tables were used to determine the order or agreement you have now; and
• If using the updated tables would change the amount of child support either you or the other parent pay.

If your child support arrangements are based on a written agreement between you and the other parent rather than on a court order, you may wish to negotiate a new agreement. Your province or territory may have family justice services such as mediation that can help you and the other parent negotiate changes to your existing agreement.

You may also wish to look into whether your province has a child support recalculation service.

6. Will provincial recalculation services use the updated Federal Tables?

Provinces that have child support recalculation services will use the updated Federal Tables to recalculate amounts after December 31, 2011.

Please contact your recalculation service for more information if there is one in your province.

7. If my support order is registered with a Maintenance Enforcement Program (MEP), would I have to notify the MEP if I have the order varied?

Yes. If your support order or agreement is registered with a MEP, it is important to notify the MEP of any changes to the order or agreement.

8. If the other parent and I are trying to figure out a child support amount for a period before December 31, 2011, what Federal Tables should we use?

You would use the 2006 Tables to decide how much child support should be paid up to December 31, 2011. The amount payable from December 31, 2011 onward would be based on the updated Federal Tables.

For more information on child support, please click here.