The Canadian Federal Child Support Guidelines apply to all divorces and separation agreements which came into being after May 1, 1997. The effect of the guidelines was to remove the calculation of child support from the discretion of judges and make the payment of child support more predictable.

Under the Federal Child Support Guidelines, the basic amount of child support is determined by considering:

• the number of children;
• the province or territory where the paying parent lives;
• and the paying parent's gross annual income.

 

If your divorce was finalized before May 1, 1997 or if you signed a separation agreement before May 1, 1997, the Federal Child Support Guidelines do not automatically apply to you. You may agree with your former spouse, or ask for a court order to have the Guidelines apply. This involves convincing your former spouse or a judge to change your previous agreement and make the guideline apply to your current situation.

 

The “objectives” of the Child Support Guidelines are:

(a)  to establish a fair standard of support for children that ensures that they continue to benefit from the financial means of both spouses after separation;

(b)  to reduce conflict and tension between spouses by making the calculation of child support orders more objective;

(c)  to improve the efficiency of the legal process by giving courts and spouses guidance in setting the levels of child support orders and encouraging settlement; and

(d)  to ensure consistent treatment of spouses and children who are in similar circumstances. 

 

The Federal Child Support Guidelines are regulations made under the Divorce Act. They set out some rules and tables which establish how much child support parents should pay when they separate. 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 principle upon which Canada’s Child Support Guidelines are based in that children should not suffer any deprivation or lowering of their standard of living and should benefit from the financial means of both their parents just as they would if the parents were still together.

 

The Federal Child Support Guidelines – which is the law governing child support- maintain that children are entitled to the support of their parents while they are under the age of majority and, therefore, still dependent on their parents. The age of majority in Canada is 18 or 19 years, depending on the province or territory where your child has their primary residence.

 

Once a child is  over the age of 18 or 19 (depending on the province or territory in which they reside), they may be entitled to support if they cannot become independent because they are ill, disabled disability or for "other cause". The “other cause” typically means attending a post – secondary institution on a full time basis. Judges frequently order parents to support a child going to university or college.

 

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.

 

 
Please note that the information is general in nature and not intended to be a substitute for legal advice. The Child Support Calculator in this page is based on the latest data from the Department of Justice of Canada. However, that data is provided for general information only and not as a legal advice. You may wish to consult a lawyer for advice with regard to your individual situation. If you are concerned about how to go about child support issues following the breakdown your marriage or common law relationship, please contact a lawyer. You can get free information about how to select and retain a lawyer by getting a copy of the FREE REPORT offered at the top right-hand corner of this page. Do not sign a separation agreement without independent legal advice.