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The Federal Child Support Guidelines:
Step-by-Step
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Glossary
These definitions may help you understand child support
terms. They are not legal definitions. For a legal definition of these terms,
you may wish to consult a lawyer.
age of majority
A person at the age of majority is legally
an adult in the province or territory in which he or she lives. If the child
normally lives outside of Canada, the child's age of majority is presumed to be
18. See Step 2: determine the number of children for more information.
annual income
Annual income is the amount of money a
person earns from all sources, including employment, self-employment and
investments in one year.
case law
The law based on decisions by judges. Case
law reflects how the courts interpret laws.
child of the marriage
The Divorce Act defines a child of
the marriage as “a child of two former spouses.” The term applies to both birth
and adoptive children. It may also include children of one spouse for whom the
other spouse acted in place of a parent. As well, it may include children who
have reached the age of majority, but are dependent on their parents.
child support tables
Please see Federal Child Support Tables.
comparison of household standards of living test
The second step of a two-step test that
courts use to assess undue hardship. Please see Step 8: dealing with undue hardship for more information.
designation
If a province or territory creates its own
guidelines and they are different from the federal guidelines, the Divorce Act allows the federal government to “designate” that province or territory. This
means that the province's or territory's guidelines apply in place of the
federal guidelines when both parents live in that province or territory,
whether they divorce or separate.
Divorce Act
The federal law that sets out the rules for
legally ending a marriage.
enforcement
Please see maintenance enforcement.
Federal Child Support Guidelines
The regulations under the Divorce Act that apply when setting child support amounts. The guidelines consist of a set
of rules and tables. The guidelines are the law.
Federal Child Support Tables
The tables are part of the Federal Child
Support Guidelines. They show the basic amount of child support based on
income. There is a separate table for each province and territory to reflect
different tax rates between provinces and territories.
household standard of living
Please see comparison of household
standards of living test.
imputing income
If a judge feels that the amount of income
a parent claims is not a fair reflection of his or her income, it may attribute
(impute) income to that person. For example, the judge may attribute income
where a parent is exempt from paying federal or provincial income tax, or where
a parent refuses to show income information when under a legal obligation to do
so.
in loco parentis
Please see spouse who acts in place of a
parent.
maintenance enforcement
Legal means of compelling child support
payments. The provinces and territories are primarily responsible for enforcing
child support orders and agreements.
maintenance enforcement programs
Each province and territory has laws and
programs to enforce child support payments. See Maintenance Enforcement Programs contact information for a list of
provincial and territorial enforcement programs.
mediation
A process in which a neutral third party
helps parents set the terms of an agreement or consent order. Mediators are not
marriage counsellors.
To protect their legal rights, parents may
ask their lawyers to look at the agreement before they sign it.
parenting arrangements
The arrangements parents make for their
children after separation or divorce, including where the children will live
and how the parents will make decisions about things like schooling and
healthcare.
paying parent
A parent, or a spouse who acts in place of
a parent, who is legally obligated to pay child support.
receiving parent
A parent, or a spouse who acts in place of
a parent, who is legally entitled to receive child support.
shared custody
The guidelines use the term “shared
custody.” Shared custody can apply if both parents have the child in their care
for at least 40 percent of the time over the course of the year.
sole custody
The guidelines use the term “sole custody”
to refer to all arrangements where the child lives with one parent at least 60
percent of the time over the course of the year.
special circumstances
In some situations, a court order or a
written agreement between the parents may also benefit the child.
For example, if the paying parent
transferred the family home to the other parent, without being compensated, so
the children would not have to move, the amount in the guidelines may not be
fair. Both parents would have to agree that this is the case or a court would
have to rule on the matter.
special expenses
Special or extraordinary expenses are
expenses that the table amounts may not cover. Under the guidelines, special
expenses must be:
- necessary in relation to the child's best
interests, and
- reasonable given the means of the parents
and the child and the family's spending pattern before the separation.
For example, these expenses could include
day-care expenses, expenses for postsecondary education, or orthodontic
expenses.
split custody
Split custody describes an arrangement
where:
- one or more children live with one parent
more than 60 percent of the time in the year, and
- one or more children live with the other
parent more than 60 percent of the time in the year.
spouse who acts in place of a parent
A person, usually a stepparent, who acts in
place of a parent towards a child of the other spouse. The latin term in loco
parentis is sometimes used.
standard of living
Please see comparison of household
standards of living test.
tables
Please see Federal Child Support Tables.
undue hardship
In general, undue hardship refers to
excessive financial difficulties. Under the guidelines, either parent may ask
for a different child support amount at a higher or lower level if the parent
or the child is experiencing undue hardship.
For example, this provision could apply
where a parent has incurred unusually high debts from supporting the family
prior to the separation. A two-step test must be used to determine undue
hardship. First, it must be determined whether the parent requesting the change
is in circumstances that would make it difficult either to pay the required
amount or to support the child on that amount. Second, the standards of living
of both households must be compared. The income of every member of both
households must be looked at to compare standards of living. If the parent
claiming undue hardship cannot prove that his or her household's standard of
living is lower than the other parent's, the claim for undue hardship must be
rejected.
variation order
A court order that changes some or all of
the terms of an existing order.
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