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The Federal Child Support Guidelines:
Step-by-Step
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Questions and answers
What are the amounts in the Federal Child Support Tables based on?
Do the guidelines take into account the income of the receiving parent?
If you remarry, does the income of your new spouse affect child support amounts?
If you have a second family, do you still have to pay child support?
Do the guidelines take into account any special circumstances in a divorce or separation agreement?
Do the guidelines still apply if a parent lives outside Canada?
What are the amounts in the Federal Child Support Tables based on?
The figures in the tables reflect the average amount of money that Canadians at various income levels spend to raise a child. Economic research on family spending shows that there is no single fixed cost of raising a child. In general, families of similar size and income spend the same proportion of aftertax income on children. So the cost of raising a child depends on how much income, and how many children the family has.
The guidelines help ensure that all families in similar circumstances (that is, living in the same province or territory and with the same income and number of children) pay the same basic amount of child support before adjustments are made. The amounts are also intended to ensure that paying parents can still support themselves. The tables take into account the taxes payable and therefore gross income is used to apply them. The amounts vary by province and territory to account for differences in provincial and territorial income tax rates.
The amounts in the child support tables were updated on May 1, 2006 to reflect more recent tax rules.
Why are the table amounts based on gross income?
Gross income is considered a fairer reflection of income because net income allows a large number of discretionary deductions that can make it difficult to set fair levels of support.
Also, the formula behind the tables already accounts for the taxes a parent will pay.
Do the guidelines take into account the income of the receiving parent?
The guidelines set the paying parent's contribution in accordance with the average proportion of income that a person at that income level spends on his or her children. In other words, the guidelines ask “what would a parent with this income usually spend on his or her children?” and set the support payment accordingly. The parent's financial contribution is set according to his or her own income.
The receiving parent is expected to contribute a similar share of his or her income to meet the costs of raising the child. The standards of living of the child and the receiving parent are inseparable because the child resides in his or her household. This approach allows the children to continue to share in increases or decreases in their parents' income, just as they would have if the two parents had continued to live together.
The receiving parent's income must also be considered:
- when deciding special expenses,
- if you or the other parent claims undue hardship,
- when you and the other parent split or share custody,
- when a child is at or over the age of majority and you are not using the guidelines as if the child was under the age of majority,
- if the paying parent earns more than $150,000 a year, or
- if one of you has acted in place of a parent to the other parent's child.
What if you don't want child support from the other parent?
If you are getting a divorce, a judge must be satisfied that you have made reasonable arrangements to support your children. The judge can refuse to grant your divorce if he or she feels your child support arrangements are not reasonable.
What if the paying parent's income is very low?
The guidelines set a minimum income level for paying parents. The minimum level represents the amount of income a person needs to meet his or her basic needs. If your income is below that level, you do not have to pay child support. However, the court may attribute income to you if it finds the income amount you claim does not accurately represent your actual or potential income.
If you remarry, does the income of your new spouse affect child support amounts?
The only time a new spouse's income is considered is when either parent pleads undue hardship. In deciding undue hardship, you and the other parent must compare the standards of living of your two households. To do this, you must take into account the income of every member of each household.
If you have a second family, do you still have to pay child support?
Under the law, you have an ongoing obligation to financially support your children even if you have new family responsibilities.
But the guidelines also recognize that, in some situations, the amount of child support in the tables, combined with other circumstances, could create undue hardship for either parent or for the children. Having a second family to support is an example of a situation that could cause undue hardship. However, you cannot reduce your obligations to your first family unless a comparison of both households shows that the second family would have a lower standard of living if the support payments were not reduced. In comparing household standards of living, the court considers the income of all household members as well as the number of people in each household. If undue hardship has been proved, the court can adjust the child support amount.
For more information, please see Step 8: dealing with undue hardship.
Do the guidelines take into account any special circumstances in a divorce or separation agreement?
The Divorce Act recognizes that there are special circumstances when the amount in the guidelines may not be appropriate.
For example, if the paying parent transferred the family home, without being compensated, to the other parent 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.
Do the guidelines still apply if a parent lives outside Canada?
If you pay child support, you must keep paying the child support amount set out in your court order or agreement, in Canadian dollars.
If you receive child support, the other parent must keep paying child support in Canadian dollars. The federal table for the province of the parent living in Canada will apply.
If the paying parent does not continue to provide child support after moving to another country, you may wish to contact your provincial or territorial maintenance enforcement program (MEP). The MEP can give you information about enforcing a child support order when the paying parent lives outside Canada. Please see Maintenance Enforcement Programs contact information for a list of provincial and territorial programs.
How can you get copies of the tables or this booklet?
All the federal tables and this booklet are available on the Internet. You may also order copies of the federal tables (please give the names of the provinces or territories you need tables for) or more copies of this publication, free of charge, in the following ways.
By e-mail
support-pensions@justice.gc.caBy telephone
National Capital Region: (613) 946-2222
Canada and the continental United States: 1-888-373-2222By mail
Publications
Family, Children and Youth Section
Department of Justice Canada
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Do you have questions?
If you have questions this booklet doesn't answer, you can find more information online. You may also call the Department of Justice Canada's Family Law Information Line at 1-888-373-2222.
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