Divorce and child maintenance in Canada
September 15th, 2008
In Canada parents who are getting a divorce, or parents who are already divorced, need to comply with the federal government’s child support guidelines when deciding upon their respective responsibilities for financially supporting their children. This is a relatively new development. Before the guidelines became law it was more difficult to determine what a judge would think was a fair child support arrangement. This resulted in more disputes and more cases going before a judge. Now, in most cases all you need to do is consult the guidelines to see what the suitable amount of child maintenance should be.
The core component to the guidelines is the child support tables. There is an individual table for each province, and the province used is the one where the parent who pays support resides. For parents who live outside the country, the residence for the custodial parent is used to decide on the table. To determine the amount of child support, all you need to do is to refer to the appropriate table.
In order to figure out the appropriate amount of monthly child support you should pay, you should first choose the correct provincial table. After you have done this all you have to do is cross index the number of children you have with your individual gross annual income. This total is what the court will expect you to pay, unless you can prove that another amount is suitable. Just having both parents agree to another amount will not be enough, you have the burden of proving this is acceptable using the rest of the guidelines. If the court does not agree with you, you will be required to pay whatever the court thinks is suitable.
Some of the recurring justifications for deviating from the guideline table amount include instances with an unusually more complex child care arrangement. For the most part, one parent is the primary caretaker, while the other one gets to visit the children based on a fixed schedule or based on an arrangement which fluctuates from time to time. In cases like these, it is appropriate to use the guideline table amount.
The exception is made when there is shared parenting, the children spend approximately the same amount of time with each parent, or when the kids are split between the two parents. In these situations the most common thing to do is to figure out what each parent should pay the other according to the tables and then subtract the two figures with the parent owing the most paying the difference to the other.
Other situations which warrant exceptions to the tables include situations where the access parent has high access costs (extensive travel costs for example) and has a lower standard of living than the other parent.
As a general rule of thumb, child support must be paid for any child that has not reached the age of majority, as well as for any child who is attending college full time, particularly if the parents have agreed to pay for the schooling.
The result is that the guidelines have made things easier. But there are still some situations which warrant exceptions to the table amounts.
Link to this page.
Hi, I have been paying child support for my youngest son for over two years under a divorce order and he turns 19 in April (age of majority), He is attending college full time , however all his educational requirements are taken care of through generous RESP’s paid for by myself, the father and this will continue.He also works part-time and full-time in the summer. Does the Divorce Order have to be changed to reflect this and/or can i simply cease to make “child support” payments after the age of 19? Can the child support payments be amended in amount to reflect
this reality and how is that done (petition the courts)?
Thx.
For legal advice you should speak with a lawyer who can advise you about your particular circumstances. By way of general comment we can say that normally child support ends once the child reaches the age of majority unless there are extenuating circumstances such as an illness or disability.
A common exception is when the parents will agree to continue support while the child attends university. However, this is usually only by agreement or court order. In the absence of an order or agreement continuing child support beyond the age of majority, child support would cease automatically. But once again, you should check out your particular circumstances with a lawyer.
My daughter is turning 19 on April 26, 2009. The divorce agreement was signed in BC but she is currently living in New Brunswick with her mother. She graduated highschool last year and is currently working and living at home. Do I have to apply for a court order to terminate child support payments or can I just stop payment? If she returns to school in the fall am I required to resume payments? What documentation would she need to provide to prove she is in school?
We cannot give legal advice but we can provide some general information. Generally a person can simply stop payment of child support once the child is no longer a child of the marriage as defined in the Divorce Act. This does not require a court order unless a previous order or agreement states otherwise.
See the government’s website (http://www.justice.gc.ca/eng/pi/sup-pen/10/faq.html#q9) regarding support for a child in university.