I Introduction

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This report presents the findings from a review of child support models used in ten jurisdictions: the United Kingdom, Australia, France, Norway, Sweden, New Zealand, and in four American States: Wisconsin, Delaware, Illinois, and Vermont.

Given the complexity and magnitude of the information collected in this study, the results are presented in two volumes. Volume I (Review of International Child Support Models – Main Report) presents an overview of the findings and includes several tables that provide a synthesis of various aspects of the child support models across jurisdictions. These tables can be found at the end of each chapter. Volume II contains summary reports for the ten jurisdictions and provides a description of the various aspects of the child support model in that jurisdiction. Throughout Volume I, the reader is encouraged to consult the relevant summary report if more detailed information is desired.

Among the challenges in conducting this study were the terms used in the ten jurisdictions to describe the various elements of their child support models. Each jurisdiction uses terminology that is unique to them. To assist the reader, the report uses “jurisdiction neutral” terminology in both Volumes I and II. The definitions of these terms can be found in the Glossary at the beginning of this report.

In the summary reports, if a jurisdiction uses a term that is not the same as the “jurisdiction neutral” term, a footnote is provided that indicates the term used in that jurisdiction. The only exception, however, pertains to the terms used in the formula calculations as these refer to specific calculations and cannot be altered without changing their meaning. These terms have been italicized to assist the reader.

This review was conducted between November 2018 and August 2019 on behalf of the Department of Justice Canada.

A. Objectives of the Study

As part of ongoing legal policy work, the Department of Justice Canada required that an extensive review be undertaken of a number of international models relating to determining child support amounts. The overall purpose of the research was to review and analyze child support models in ten jurisdictions to identify how issues related to the determination of child support are addressed.

The specific objectives of this study were as follows:

• Summarize the research completed by the Department of Justice Canada in the 1990s.
• Briefly describe the child support models used in the ten jurisdictions selected for examination by this study.
• Summarize any major changes that have been made to the models over the years and the rationale for the changes.
• Provide an overview and analysis of various aspects of the child support models across jurisdictions. Of particular interest were how the jurisdictions incorporate policy options common to all models, such as income determination, parenting/custody arrangements, etc.
• Summarize any evaluations or assessments of the models.
• Identify any commonalities and trends across the jurisdictions.

B. Research Framework

A research framework was developed to structure the lines of inquiry for the international review. This framework is used in Chapter II to summarize the research that informed the development and implementation of the Canadian Federal Child Support Guidelines. As well, it was used to inform the literature review and interviews with the ten jurisdictions.

The framework consists of three components, described below.

1. Rationale for the legal framework

This component consists of a description of the rationale and philosophy underpinning each jurisdiction’s child support model. Included in this component is a discussion of the impetus and rationale for the development of the model, and the overall objectives. It includes:

• Child support model: The reasons for adopting the child support model and formula (past and present). The reasons include but are not limited to the following:
• Court rulings or constitutional challenges.
• Changes of legislation/regulations.
• Changing demographics.
• Legal framework used, including:
• Whether guidelines are used to determine child support amounts and if so, are they determined by the courts or administrative services.
• How the guidelines are incorporated into their child support model (e.g., set out in legislation or court rules or set by an administrative entity).
• Where guidelines and/or tables are used, whether they are mandatory or advisory.

2. Description of the formula or approach used to calculate child support amounts

This component includes a description of the formula or approach used by each jurisdiction. Each formula generally comprises two elements:

Element 1: An approach to estimate the amount that best approximates the “expenditures on children.”

Element 2: An approach to apportion the amount between the two parents.

The literature review and interviews with child support experts collected information on the following aspects of each jurisdiction’s formula:

• Underlying principles and assumptions.
• Type of formula: income shares, fixed percentage, varying percentage or other.
• How capacity to pay is considered.
• Rules each jurisdiction uses to determine the income of one or both parents and what types of deductions are allowed and/or whether there is a tax component.

In addition, information was collected on the following underlying child support policies that may have been considered when developing a formula and child support model:

• The threshold for paying child support (i.e., starting and ending points) and the rationale.
• Tax and other parameters considered in the formula and/or to determine child support amounts (e.g., child tax benefits).
• Whose income is considered (e.g., one or both parents, consideration of a new spouse’s income or of a third party’s income etc.) and how this income is considered.
• Approaches to apportioning costs between parents (e.g., expenditures on children, access costs, household costs, etc.).
• Strengths and weaknesses of the approaches as provided in the literature.

3. Accompanying rules set out in policy/legislation to generate the final child support amount

This component includes a description of the accompanying rules as set out in legislation and court rules that determine the final child support amount. Accompanying rules include:

• Provisions to allow for departure from the basic child support amount, such as extraordinary or special expenses, undue hardship or similar concepts.
• Provisions to address specific family characteristics, such as age of child; time spent with the child; multiple children from different relationships; second families; step-parents; person acting in place of parent; high earning parent(s); custody/parenting arrangements (sole, shared or split custody).
• Innovative approaches in determining and updating child support amounts (e.g., what “triggers” an update, frequency of updating, administrative services, and use of technology).
• Any provisions to address other circumstances relevant to the determination of child support.

C. Methodology

The study involved an extensive international literature review and environmental scan, as well as interviews with child support experts from the selected jurisdictions on their respective jurisdiction’s child support model.
The main steps are outlined below.

1. Selection of the jurisdictions

The purpose of this study was to provide a detailed overview and analysis of child support models in ten jurisdictions. Thus, it was important to ascertain what type of model jurisdictions use to assist separating or divorcing parents to calculate child support amounts. A goal was to ensure that the jurisdictions chosen for this study adequately reflected the range of various models14 in existence. In addition to ensuring that the selected jurisdictions adequately represented the range of administrative models used to determine child support amounts, it was also necessary to ensure that the study included the various apportioning approaches that underpin child support formulas. Although there are numerous types of child support formulas, most are rooted in one of three general apportioning models15. They are:

• Income Shares Model – Based on the concept that the child should receive the same proportion of parental income that he or she would have received if the parents lived together. In an intact household, the income of both parents is generally pooled and spent for the benefit of all household members, including any children.
• Fixed Percentage of Income Model16– Sets support as a percentage of only the non-custodial parent's income. In this model, the custodial parent's income is not considered. This model has two variations: the Flat Percentage Model and the Varying Percentage Model.
• Melson Model – A more complicated version of the Income Shares Model, which incorporates several public policy decisions designed to ensure that each parent's basic needs are met in addition to meeting the needs of the children.

Based on our assessment against the above noted criteria, the ten jurisdictions listed at the beginning of this chapter were selected for examination. 

2. International literature review and environmental scan

A review of the international literature focused on research, commentary, critiques and evaluations of child support models used internationally. Family justice/law journals, government documents and well-known websites that deal with child support issues were the focus of the search.

The results of this literature review were analyzed and summarized to provide an overview of the key issues that jurisdictions currently address in the development and implementation of their child support models. The results of this literature review also informed the lines of inquiry for the jurisdictional interviews.

3. Interviews of child support experts in the selected jurisdictions

Telephone interviews with at least one child support expert in each jurisdiction were conducted. After having identified experts who were knowledgeable about the jurisdiction’s policy and operation of their child support guidelines, a letter of introduction was sent by the Department of Justice Canada requesting participation in the study. To facilitate the discussion, a draft country summary as well as a tailored interview guide was prepared and sent to the key informants in advance of each interview.

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