The Federal Child Support Guidelines:
Step-by-Step

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Step 1: figure out which guidelines apply

This step will help you figure out if the federal guidelines apply to you.

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.

You can use the chart below to figure out which guidelines apply to you.

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.

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