What is Child Support?

Child support is the right of the child to financial assistance from a parent whom he or she does not live with. Child support, like access, is the right of the child, not the recipient parent. Upon separation, the parent who does not live primarily with the children has an obligation under law to pay child support to the other parent.

How is the amount of Child Support determined?

The amount of child support is fixed under the Federal Child Support Guidelines. The Guidelines calculate support based on the province the parent lives in, the amount of money earned and the number of children for which child support is payable. The Guidelines are firm and typically the amount noted in the Guidelines cannot be adjusted unless there is a shared custody arrangement wherein the non-custodial parent spends at least 40% of the time with the child. Other circumstances which may warrant an adjustment in support include situations where the amount of support ordered would cause undue hardship to the payor, where a child is over the age of 18 and no longer in full time school, or where the payor's income is over $150,000.

In addition to monthly child support, a payor parent must pay his/her proportionate share of special and/or extraordinary expenses. These expenses include childcare (including daycare) or education fees, health and medical expenses. They may also include some extracurricular activities. The cost of special and extraordinary expenses is shared between the parents proportionate to their incomes. If parties have roughly the same income, the expenses will be shared equally. If one party is not working at all, the other party will pay 100% of these costs.

Parties may reach an agreement with respect to child support and document this agreement in a separation agreement or parenting agreement. Alternatively, if the parties cannot reach an agreement, a determination will be made by the court.