Frequently Asked Questions - Supporting Families

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.

• Family Law – General
• Divorce – General
• Child Support
• 2011 Child Support Guidelines
• Parenting Arrangements (Custody and Access)
• Spousal Support
• Support Enforcement

Family Law - General

1. Is the federal law, the Divorce Act, the only law in Canada that sets out what happens after a spousal relationship breaks down?
2. Does the information in these FAQs apply to everyone whose spousal relationship has broken down?

Divorce – General

1. What is a divorce?
2. How do I get a divorce in Canada?
3. How can I show that my marriage has broken down?
4. Can I obtain a divorce in Canada if I or my spouse lives in another country?
5. If I got my divorce in another country, would it be recognized in Canada?
6. Can I represent myself in family court?
7. What resources are available to help me with my divorce, other than legal advice from a family law lawyer?
8. If I sponsored my spouse to come to Canada, do my sponsorship obligations continue if we separate or divorce?
9. If my spouse sponsored me to come to Canada, will I be allowed to stay in Canada if we separate or divorce?
10. What does the Central Registry of Divorce Proceedings do?
11. How do I find out whether my spouse has filed for a divorce or get information and papers about my own divorce?
12. How do I find information about someone else’s divorce proceedings?

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?

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?

Parenting Arrangements (Custody and Access)

1. What does "parenting arrangements" mean?
2. Does the Divorce Act favour either parent or any particular type of parenting arrangement?
3. What factors do judges consider when deciding on parenting arrangements in a child's best interests?
4. What is the difference between legal custody and physical custody?
5. What is joint custody?
6. What is shared custody?
7. Is it possible to have both joint custody and shared custody of a child?
8. What is sole custody?
9. Can I have joint custody if the child lives with the other parent?
10. What issues should I and the other parent consider when deciding on the best parenting arrangements for our child following a separation or divorce?
11. What help is available to advise us on parenting arrangements that would be in our children's best interests?
12. Can my child decide which parent to live with?
13. Can one parent deny the other parent access to a child if the other parent does not pay child support?
14. My child's other parent has been violent towards me. Do I have to let them see the child?
15. When parenting arrangements are set out in a court order, what are my options if the other parent abuses or neglects my child?
16. What can I do if the other parent won't let me see my child?
17. What can I do if the other parent refuses to take the child when it is their turn?
18. What can I do if the other parent abducts the child?
19. How can I enforce parenting arrangements if the other parent has taken my child to live in another country?
20. Do I need consent from the other parent if I want to take my child on a trip to another country?
21. Do I need consent from the other parent if I want to move away with the child?
22. Do I have to let the other parent know about my plans to move if he or she has been violent towards me and I am concerned about safety?
23. As a grandparent, how can I get access to my grandchildren when their parents separate or divorce?
24. Do I have to use the terms "custody" and "access" when deciding on parenting arrangements?

Spousal Support

1. What is "spousal support?"
2. Who is entitled to spousal support?
3. Do I have to pay both child support and spousal support at the same time?
4. How is spousal support calculated?
5. Are there guidelines for calculating how much spousal support must be paid?
6. Can I use the Spousal Support Advisory Guidelines myself to calculate spousal support?
7. Do the Spousal Support Advisory Guidelines apply to support cases that are determined under provincial/territorial jurisdiction?
8. Can previously determined spousal support be renegotiated now using the Spousal Support Advisory Guidelines?
9. Why is the federal government not legislating Spousal Support Advisory Guidelines in the same way that it did the Federal Child Support Guidelines?
10. For how long must spousal support be paid?
11. Can I stop paying spousal support if my former spouse gets a job or a salary increase or remarries?
12. Does paying or receiving spousal support affect how much income tax I must pay?

Support Enforcement

If you do not see the answers to your enforcement questions here, you may find them in the section dealing with Family Law Assistance Services

1. Who should I contact about enforcing my support order?
2. How do I enforce my support order when the other person has moved to another province/territory in Canada?
3. What is a reciprocity arrangement?
4. What is a reciprocating jurisdiction?
5. Can I enforce my family support order when the other person lives in Canada and I live in another country?
6. How do I know if the other person involved in my support order is living in an area that is considered a reciprocating jurisdiction?
7. What can I do if my country does not have a reciprocity arrangement with the province or territory where the other person lives?
8. My country has a reciprocity arrangement with the province/territory where the other person lives. Can I get or change a support order, if the only information I have is the name of the province where the other person lives?
9. I do not have an order or agreement for child support or spousal support. My former spouse and I agreed informally to an amount but my former spouse has now stopped paying. Can any enforcement action be taken to help me?