Child Support

Both parents have a legal obligation to financially support their children, regardless of whether they were married, in a common-law relationship, or never lived together. The parent who has less parenting time typically pays child support to the parent who has more. If parenting time is roughly equal (each parent has the child at least 40% of the time), a different calculation applies. Step-parents may also have support obligations in some circumstances.

Child support in Canada is calculated using the Federal Child Support Guidelines. The amount is based primarily on the paying parent's gross annual income and the number of children. The Guidelines include tables for each province and territory. In addition to the base table amount, parents share "special or extraordinary expenses" — things like childcare, medical expenses not covered by insurance, post-secondary education, and extracurricular activities — in proportion to their incomes. You can use the Department of Justice's online child support calculator to get an estimate.

Yes. Child support should be reviewed regularly — ideally every year — because it is based on income, which can change. If either parent's income changes significantly, or if the parenting arrangement changes, either parent can apply to vary the support order. Parents can agree to a new amount and have it formalized, or apply to the court. Some provinces have administrative processes that allow support to be updated without going to court. Never simply stop paying support without a court order — you can accumulate arrears.

Special or extraordinary expenses (also called Section 7 expenses) are costs beyond the base child support amount that are necessary for the child. They include childcare costs while a parent works or studies, medical and dental expenses not covered by insurance, post-secondary education costs, and extracurricular activities that are extraordinary given the family's spending history. These expenses are shared between parents in proportion to their incomes. Both parents must agree on the expenses, or a court can decide.

Child support is generally paid until a child turns 18 and is no longer a dependent. However, support can continue beyond 18 if the child is still a full-time student, has a disability, or is otherwise unable to support themselves. Post-secondary education is a common reason for extended support. The obligation does not automatically end at 18 — a parent must apply to the court to terminate support if the child is still dependent. Conversely, a parent can apply to extend support if the child remains dependent.

Every province and territory has a support enforcement program that can collect child support on your behalf. In Ontario, it is the Family Responsibility Office (FRO); in BC, it is the Family Maintenance Enforcement Program (FMEP). These programs can garnish wages directly from an employer, intercept tax refunds, suspend driver's licences, seize assets, and report arrears to credit bureaus. Enrolment is often automatic when a court order is made. If you are not enrolled, contact your provincial enforcement program.

Parents can agree to a different amount, but courts will scrutinize any agreement that provides less than the Guideline amount. A judge must be satisfied that the child's needs are being met before approving a below-Guideline agreement. Agreements to pay more than the Guidelines are generally accepted. Remember: child support belongs to the child, not the parent — a parent cannot waive child support on the child's behalf. Any agreement should be put in writing and ideally made into a court order.