About Child Support

If you pay money to, or receive money from, your child’s other parent for the financial support of your child, that money is called "child support".

The guiding principle of Canada’s child support law is that children should continue to benefit from the financial means of both parents just as they would if the parents were still together. Therefore, if you are divorced or separated from the other parent, you are both responsible for supporting your children financially.

Your children need the support of both parents. They are also entitled to it by law if they are under the age of majority and still dependent on you. The age of majority in Canada is 18 or 19 years, depending on the province or territory where your child lives.

If your children are over 18 or 19, they may be entitled to support if they cannot become independent because of an illness, disability or "other cause". Courts often order parents to support an older child going to university or college after they finish high school. This level of education can be considered a valid "other cause" in certain families. Otherwise, financial support for an older child is optional.

Determining child support

You and your child’s other parent may agree to set up your own child–support agreement out of court, or you can ask a judge to decide on an amount.

If you and your child’s other parent set up your own support agreement, you have some flexibility about the amount that will be paid — as long as you can agree and the amount is fair. Many parents use child support guidelines to help them come to an agreement. If a judge is asked to decide, the judge must set child support amounts according to rules set out in child support guidelines.

In Canada, there are provincial/territorial guidelines and the Federal Child Support Guidelines. The guidelines that are used, either by a judge or by parents, depend on the situation of the parents.

• The Federal Child Support Guidelines would be used if you were legally married to the other parent and then get a divorce, unless both of you live in a province that has chosen to be "designated". Currently, the designated provinces are Manitoba, New Brunswick and Quebec. In those three provinces, provincial guidelines, not federal guidelines, apply if you both live in the same province.
• Provincial or territorial child support laws would be used if you and the other parent were never married to each other or if you were married but are only separating (not getting a divorce). Most of the provincial and territorial guidelines are a lot like the federal guidelines. You may wish to contact your provincial ministry of Justice for more information.

Whether you use provincial, territorial or federal guidelines, these guidelines are the law.

Federal Child Support Guidelines

The Federal Child Support Guidelines (Federal Guidelines) are regulations made under the Divorce Act. They set out some rules and tables to show how much child support parents should pay when they divorce. The child support amounts in the tables reflect what parents living in the same province, with the same incomes and the same number of children would spend on their children.

The goal of the Federal Guidelines is to set a fair standard of support for children. The Federal Guidelines have been shown to reduce conflict and tension between parents because they make child support calculations fair, objective and predictable. They also help parents come to an agreement about support by themselves so they do not have to go to court. Going to court can be an expensive, time consuming and stressful experience but it may be necessary in some cases.

Setting up your own agreements

When you are setting up an agreement, child support guidelines can help you to know how much support a judge would likely order.

The booklet called The Federal Child Support Guidelines: Step–by–Step contains clear instructions and work sheets that you will find useful when calculating how much child support a judge would likely order. This booklet also has a list of provincial/territorial contacts that offer information about rules and the family justice system in the provinces and territories.

Figuring out child support amounts and setting up agreements with the other parent can be complicated, and it would be best if you got advice from a professional such as a family law lawyer even if you can only afford one or two consultations.

Your province or territory may have family justice services such as mediation that can help you and the other parent to reach an out-of-court agreement. Also, most provincial bar associations have a lawyer referral service that can refer you to a lawyer who will offer the first consultation for free or at a lower price than usual.

Complying with support orders and agreements is a legal obligation

Court orders and signed agreements are legal documents. This means that you have an obligation to comply. You must follow the "rules" set out in the agreement or order.

Going through a divorce or separation is usually difficult. You may experience financial and emotional stress (sadness, anger and worry). These stresses can make it difficult for you to get along with the other parent. Levels of conflict can rise to the point where you and your former partner are not making good decisions for your children. Sometimes parents are tempted to stop paying support or stop seeing their children. Other parents may refuse to let their former partner see the children. You and the other parent cannot simply make a decision to stop complying with an order or signed agreement. If your order or agreement no longer works for your family, you must take steps to change it. You cannot just stop complying.

If you do not comply with the responsibilities set out in your order or agreement, you could face a penalty, such as contempt of court charges. Following the rules set out in your order or agreement shows respect for your children and respect for the law.

Changing an order or agreement

Many changes can take place in a parent’s or child’s life over time. Sometimes child support amounts have to change too in order to remain objective and fair — to reflect a parent’s capacity to pay and to protect the best interests of the child.

If you and the other parent both agree, you can change a support agreement yourselves. If you cannot agree, you can ask a judge to decide. The judge will then apply the guidelines to the new circumstances of the family.

If your support order or agreement is registered with a provincial Maintenance Enforcement Program (MEP), it is important to notify the MEP of any changes to a support order or agreement.

Facts you need to know

• If the other parent stops paying support, you cannot get even with that parent and stop him or her from seeing your children.

  A parent is not given access to a child as a "reward" for paying support. He or she is given access because it is in the child’s best interests to have a relationship with that parent. Children need love, guidance and support from both parents, except in rare circumstances.

• If the other parent prevents you from spending time with your children, you cannot stop paying support to get even.

  Child support is not paid so the paying parent can see his or her children. It is paid because it is in the best interests of the child and is the child’s right.

Further information

• Publications
• Helpful Tools