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The Federal Child Support Guidelines:
Step-by-Step
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Step 2: determine the number of children
You must decide which children are being considered for support.
The guidelines apply to:
- children of both you and the other parent who are under the age of majority. The age of majority is either 18 or 19, depending on the province or territory in which the child lives. (See the table Age of Majority by Province or Territory.)
The guidelines may apply to:
- children to whom either you or the other parent has acted in place of a parent. For example, if you or your spouse is not the birth or adoptive parent, you could agree or the court could recognize that one of you has acted as a parent to the other spouse's child (for example, if one of you was a step-parent).
- children at or over the age of majority who are still dependent on you due to illness, disability, or other cause. Generally, the courts recognize the pursuit of post-secondary education as a valid “other cause.”
Age of Majority by Province or Territory
Provinces where the age of majority is 18:
- Alberta
- Manitoba
- Ontario
- Prince Edward Island
- Quebec
- Saskatchewan
Provinces and territories where the age of majority is 19:
- British Columbia
- New Brunswick
- Newfoundland and Labrador
- Northwest Territories
- Nova Scotia
- Nunavut
- Yukon
If your child is at or over the age of majority, you may choose to treat the situation as if the child were below the age of majority and use the table amount. If you think the guidelines are not suitable, you may decide on a different amount of child support having regard to the child's needs and means and other circumstances, and your and the other parent's financial ability to contribute.
If you cannot agree whether a child who has reached the age of majority is a dependent for whom child support should be paid, either parent can ask a judge to decide. If the judge finds that the child is entitled to support, then he or she may apply the guidelines amount or set another amount after taking into account the age of the child and the means, needs and other circumstances of the child and the income of you and the other parent.
example
Patrick and Michelle have three children, who all live in Nova Scotia. Two children are under the age of majority. One child, Jane, is at the age of majority. Jane is enrolled full-time in university and is living at home, so Patrick and Michelle decide to treat her as a dependent and use the guidelines as if she was under the age of majority.
In applying the guidelines, Patrick and Michelle will use the child support table amount for three children.
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