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The Federal Child Support Guidelines:
Step-by-Step
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About this booklet
This booklet sets out the eight steps you
can work through to estimate what an appropriate amount of child support would likely be in
your situation, to help you come to an agreement.
You will find worksheets and step-by-step
instructions to help you make the right calculations. Either parent can use
this booklet, but it may be best when you and the other parent share
information and work together to calculate the appropriate amount of child support.
Who can use this booklet?
You can use this booklet if you pay or
receive, or will pay or receive, child support under the Federal Child
Support Guidelines. You can use the chart under step 1 to find out if the federal guidelines apply to you.
This booklet contains helpful information
about child support. It may still be useful to you even if the federal
guidelines do not apply to you because most provincial and territorial
guidelines are comparable to the federal guidelines. For more information,
please see Step 1: figure out which guidelines apply.
What is child support?
Child support is the amount one parent pays
to another for the financial support of a child.
Why is child support important?
Child support is important because children
need the financial support of both parents, even after separation. Child
support is in the child's best interests and both parents have a financial
obligation to support their children.
What are child support guidelines?
Child support guidelines are a set of rules
and tables. The guidelines are the law. They can tell you how a judge would
most likely figure out the amount of child support in your situation. As
parents, you may both decide that another amount of child support—higher or
lower—is better for you and your children. But, if you ask a judge to decide,
he or she will set the amount of child support according to the guidelines,
unless there are special circumstances. See Special circumstances for more information.
The guidelines are designed to:
- protect the best interests of the
children, and
- make the calculation of child support
fair, consistent and predictable.
The guidelines establish a fair standard of
support for children that makes sure they continue to benefit from the
financial means of both their parents after separation.
The guidelines are also intended to reduce
conflict and tension between parents by making child support calculations more
fair and more objective, and by encouraging agreements between parents. If you
know in advance what your child support amount will likely be, it may be easier
for you and the other parent to agree.
What are child support tables?
The tables you will use show the basic
amount of child support based on income. They make it easier to figure out child
support amounts.
The tables take into account the taxes
payable, and therefore gross income is used to apply them.
There is a separate table for each province
and territory to reflect different tax rates between provinces and territories.
You will need the right table to help you figure out your child support amount.
You can get copies of the tables on the
Department of Justice Canada's Internet site at www.justice.gc.ca/childsupport.
Or you can call the Department of Justice Canada's Family Law Information Line
at 1-888-373-2222, or your provincial or territorial government.
Special circumstances
In some cases, you and the other parent
will have an order or written agreement with special circumstances that
directly or indirectly benefit your child. You must consider these provisions
before you set child support amounts.
One example could be if you are the paying
parent and you have transferred your interest in the family home to the other
parent, without being compensated, so the child would not have to move. Since
this transaction may provide a benefit to the child, it may be unfair to
require you to pay the guideline amount, and a lower child support payment may
be fair. You and the other parent would have to agree that this is the case or
a judge would have to decide on the matter.
Do you need legal advice?
Child support can be a complex area of the
law. This booklet explains the guidelines in general terms. It doesn't provide
legal advice. While this booklet can help you understand the guidelines, you
may also wish to ask a lawyer to help you:
- determine a child support amount,
- advise you on which supporting documents
you must provide,
- make sure your rights are considered,
- make sure your child's best interests are
protected, and
- help you with court procedures.
You can choose to represent yourself, but
it may be preferable to speak with a lawyer who is familiar with the
guidelines.
What if you cannot afford a lawyer?
- Contact your local legal aid office to
see if you qualify for legal aid. Look under “legal” in the yellow pages of
your phone book.
- If you don't qualify for legal aid, you
may wish to contact a lawyer referral service.
- Contact your provincial or territorial
public legal education program.
- Visit your local library or university to
see if they provide legal information.
- Contact your local court house for
information.
Other people can help
There are many people who are skilled at
helping divorcing parents reach an agreement on child support. For example,
mediators, arbitrators and accountants often work with parents. Also, every
province and territory offers services for divorcing parents, including parent
education programs.
For more information on who can help you,
please see Who can help you?.
Court is the last resort
The guidelines tell you how judges would
most likely determine the amount of child support in your situation.
It is to everyone's advantage when both
parents can agree on the terms of their divorce and on child support
arrangements or changes to them. Asking a judge to make the decisions for you
can be costly and time-consuming and can be stressful for everyone in the
family, especially your children. This booklet can help you get the figures you
need to come to an agreement.
What are orders and agreements?
Child support amounts can be set by written
agreement between you and the other parent or, if you ask a judge to decide, by
court order. For more information, please see Orders and agreements.
If you have more questions
If you have questions this booklet doesn't
answer, you can find more information online at www.justice.gc.ca/childsupport.
You can also call the Department of Justice Canada's Family Law Information
Line at
1-888-373-2222.
The steps to figuring out child support
This booklet will provide examples at each
step. The examples show you how the steps would apply to one family going
through a divorce. The examples will be in a box like this
one:
Meet Patrick and Michelle
Patrick and Michelle were married and are getting a divorce. They both live in Nova Scotia and have three children,
ages 10, 12 and 19. |
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