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Child Support

Ensuring fair and accurate child support under the Federal Child Support Guidelines — for payors and recipients alike.

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Child Support: Separation and Divorce

It is in a child's best interest that their life remains as stable as realistically feasible during this time of transition. Stability is achieved through appropriate parenting arrangements and child support agreements that help children feel equally valued in both parents' homes.

How Child Support is Calculated

The amount of child support is based on the number of children and the income of the payor. The Federal Child Support Guidelines provide a standardized method of calculation.

The most crucial aspect is determining the payor's income. The starting point is "Total Income" in the T1 General form issued by Canada Revenue Agency, adjusted in accordance with Schedule III of the Guidelines. The Court will also look at factors including whether the payor is self-employed or a shareholder, director, or officer of a corporation.

Under Section 19 of the Guidelines, a court has broad discretion to impute income — for example, where the spouse is unintentionally under-employed or unemployed.

The Guidelines require quantification of income over a full calendar year — not a pay period or other partial period.

Section 7 Special and Extraordinary Expenses

In addition to the base table amount, both parents may be ordered to share "special and extraordinary expenses" proportionate to their incomes. These include:

  • Child care expenses (daycare, after-school care, summer camp)
  • Medical and dental insurance premiums attributable to the child
  • Extraordinary healthcare expenses not covered by insurance
  • Post-secondary education expenses
  • Extraordinary extracurricular activities

Changing Child Support

Child support is never permanently fixed. Either parent can apply to vary a child support order when there has been a material change in circumstances — such as a significant change in income, the child's needs, or parenting arrangements.

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