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In Canada, the provinces and territories share responsibility for matters relating to child support. The federal Divorce Act and the Federal Child Support Guidelines apply if you are already divorced or planning to divorce. Provincial and territorial laws, and provincial and territorial child support guidelines apply if you are not married to each other, and are separated, or you are married to each other and are separated, or planning to separate, but have decided not to divorce.
When the Government of Canada was developing the federal guidelines, it recognized the need to have one set of laws to determine child support for children whose parents are divorcing and whose parents are separating.
The Government included a special rule in the law that allows each province and territory to use its own guidelines instead of the federal guidelines in divorce cases.
A province or territory can create its own child support guidelines, or it can adopt the federal guidelines. If a province or territory adopts its own guidelines, the Government of Canada can designate that province or territory. This means that the guidelines of a designated province or territory would apply to both separations and divorces, as long as both parents live in that province or territory. Manitoba, New Brunswick and Quebec are designated provinces.
If you are getting divorced and you will pay or receive child support and |
Then |
|---|---|
you and the other parent both live in
|
the Federal Child Support Guidelines apply to you. |
you and the other parent both live in New Brunswick, Manitoba or Quebec |
provincial child support guidelines apply to you. |
you and the other parent live in different provinces or territories |
the Federal Child Support Guidelines apply to you. |
one parent lives in Canada and the other parent lives outside Canada |
the Federal Child Support Guidelines apply to you. |
| If you are already divorced and you or the other parent wants to change your child support amount and |
Then |
|---|---|
you both live in
|
the Federal Child Support Guidelines apply to you. |
you both live in New Brunswick, Manitoba or Quebec |
provincial child support guidelines apply to you. |
you and the other parent live in different provinces or territories |
the Federal Child Support Guidelines apply to you. |
one parent lives in Canada and the other parent lives outside Canada |
the Federal Child Support Guidelines apply to you. |
| If you and the other parent |
Then |
|---|---|
are not married to each other |
provincial or territorial child support guidelines apply to you. |
are married, have separated, but are not planning to divorce |
provincial or territorial child support guidelines apply to you. |
Patrick and Michelle were married and are getting a divorce. They both live in Nova Scotia, and Nova Scotia has not been designated, so the federal guidelines apply to them.
If you do not know whether provincial or territorial law applies in your situation, you may wish to use the contact information of this booklet to ask your provincial or territorial government. You may also call the Department of Justice Canada's Family Law Information Line at 1-888-373-2222.