|
Ten things you need to know
This site provides basic information only, and does not in any way
override the Divorce Act or any regulations passed under it.
It does not contain legal advice or replace the specialized advice of
lawyers or other experts.
1. Do the guidelines apply to you?
The provinces and territories share responsibility with the federal
government for matters relating to child support. In general, the
federal Divorce Act sets out the rules for setting child
support amounts 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.
The regulations under the Divorce Act that help parents set
child support amounts are called the Federal
Child Support Guidelines.
If you have a child support order or agreement that was made before
May 1, 1997, the guidelines do not automatically change it.
For more information, please see "The Federal Child Support Guidelines: Step-by-Step."
2. The guidelines help parents calculate child support
amounts
The Federal Child Support Guidelines consist of a set of rules and
tables for calculating the amount of support that a paying parent
should contribute toward his or her children.
The guidelines are designed to make the calculation of child support
fair, predictable and consistent for the benefit of the children.
3. The guidelines do not automatically change existing
child support orders or agreements
The Federal Child Support Guidelines came into effect on May 1, 1997.
But, if either parent wants to change the amount of a child support
order or agreement made before May 1, 1997, he or she can:
-
amend the existing order or agreement with the other
parent; or
-
obtain a new court order.
Types of child support orders and agreements
How can I change my order or agreement?
4. There are separate tables for each province and
territory
The amounts in the Federal Child Support Tables vary from one province
to another because of differences in provincial income tax rates.
The tables reflect the fact that child support payments are not
taxable in the hands of the receiving parent and not deductible by the
paying parent.
5. The tables are simple to use
To find child support amounts in the Federal Child Support Tables, you
look at three things:
-
the province or territory where the paying parent
lives;
-
the paying parent's annual income; and
-
the number of children that the paying and receiving parents have
who are eligible for child support.
The Federal Child Support Guidelines include other rules for using the
tables, depending on the type of custody arrangement.
For more information, please see "The Federal Child Support Guidelines: Step-by-Step."
6. The amounts in the tables are a starting
point
Under the Federal Child Support Guidelines, child support amounts can
be adjusted to recognize a child's special expenses or to
prevent undue financial hardship for a parent or a child in certain
circumstances.
For example, more child support might be appropriate to cover child
care costs where these costs are reasonable and necessary. Or, less
child support might be appropriate where the paying parent has
unusually high access costs and has a lower standard of living than
the parent receiving child support.
7. The table amounts are based on the average amounts
parents spend to raise a child
Research on family spending shows there is no single fixed cost of
raising a child.
Families spend more on their children as family income increases, with
the proportion of family income devoted to children remaining the same
across all levels of income. So the "cost of raising a child" depends
on how much income, and how many children the family has.
The paying parent's share is set in accordance with the
average proportion of income that a parent at that income level spends
on their children. In broad terms, the guidelines ask "what would a parent with this income usually spend on his or her children?" and support payments are set accordingly.
The receiving parent is presumed to contribute to the children in
proportion to his or her income.
8. Parents may agree on child support amounts without going
to court
Parents may agree on the amount by themselves, or with a legal advisor
or mediator. When the parents file an agreement with the court, the
judge will:
-
look at the appropriate guidelines;
-
find the appropriate amount; and
-
determine whether the amount the parents agreed on is
reasonable.
9. Judges must follow the guidelines
In most cases, if parents ask the court to decide the
amount of child support under the Divorce Act
, the judge must refer to the guidelines
in setting the amount.
There are two possible exceptions to this rule. In these two
situations, the judge may order a different amount of child support.
But, the judge must first look at what the guideline amount would be
before adjusting the child support. The two possible exceptions are:
-
special provisions; and
-
consent orders.
10. Frequently asked questions
|
