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The Department of Justice has a web site on parenting after divorce ?

Child Support - Home About child support Ten things you need to know Eight steps Laws and regulations Support enforcement Publications Research / reports Links Press releases

 

Step 1: Do the Guidelines apply to you?

Before you begin:

This step may help you decide which laws likely apply in your situation, but it will not tell you for certain. For a legal opinion on which laws apply to you, you may wish to consult a lawyer. Go to lawyer referral services.

The provinces and territories share responsibility for matters relating to child support. In general, the federal Divorce Act sets out the rules for determining child support if you are already divorced or planning to divorce.

Provincial laws apply if you have never been married or are separated, or planning to separate, but have decided not to divorce. Even if provincial law applies to you, your province or territory may have adopted the federal guidelines for provincial purposes. In all cases, this site can give you general information on the principles behind child support guidelines.

(If you and the other parent both live in the province of Quebec, please consult the page on child support in Quebec for more information.)

Were you and the other parent married to each other?

No    Yes

If you and the other parent were not married to each other, provincial laws will apply to you.

Even if your situation falls under provincial law, your province or territory may have adopted the federal guidelines for provincial purposes. In all cases, this site can give you general information on the principles behind child support guidelines.

If you are separated or planning to separate, have you and the other parent decided not to divorce?

Yes, we have decided not to divorce.
No, we are divorced or planning to divorce.

Do you and the other parent both live in New Brunswick, Manitoba, Prince Edward Island or Quebec?
Yes    No


Yes

If you and the other parent are divorced or planning to divorce and you both live in New Brunswick, Manitoba, Prince Edward Island or Quebec, provincial guidelines will apply to you. These provinces have received a designation from the federal government.

Even if your situation falls under provincial law, this site can give you general information on the principles behind child support guidelines.

Do you already have a divorce order?
Yes  No

Does your divorce order refer to child support?
Yes   No    Don't know


Yes

If you already have a divorce order that refers to a child support amount and you or the other parent applies to change the amount, the general rule is that the federal guidelines apply.

For a legal opinion on whether your situation falls under federal or provincial law, you may wish to consult a lawyer.
Go to lawyer referral services


No

If your child support order was made in a provincial or territorial court, your situation may fall under federal or provincial guidelines.

For a legal opinion on whether your situation falls under federal or provincial law, you may wish to consult a lawyer.
Go to lawyer referral services


Don't know

If you don't know whether your divorce order refers to child support, you may wish to consult a lawyer.
Go to lawyer referral services.

If you don't know whether your divorce order was made in a provincial or a federal court, you may be able to find out by looking at the order. If the order states that it was issued under the Divorce Act , the general rule is that the federal guidelines apply.

Even if your situation falls under provincial law, your province or territory may have adopted the federal guidelines for provincial purposes. In all cases, this site can give general information on the guidelines.

If you and the other parent were married, but are separated or planning to separate and have decided not to divorce, the general rule is that provincial laws apply.

Even if your situation falls under provincial law, your province or territory may have adopted the federal guidelines for provincial purposes. In all cases, this site can give you general information on the principles behind child support guidelines.

For a legal opinion on whether your situation falls under federal or provincial law, you may wish to consult a lawyer. Go to lawyer referral services

If you and the other parent are planning to divorce, but do not already have a divorce order, the general rule is that the federal guidelines will apply.

Go to Step 2: Determine the number of children

 

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