Child Support Basics

Child support is a regular payment made by one parent (the payor) to the other parent (the recipient) to help cover the costs of raising a child. It is intended to ensure that the child benefits from the financial resources of both parents, even after the family has separated. Child support covers everyday expenses: food, clothing, shelter, school supplies, and other basic needs. It is separate from special or extraordinary expenses (like daycare, medical costs, or extracurricular activities), which are usually shared between parents in proportion to their incomes.

Both parents have a legal obligation to financially support their children. In most cases, the parent who spends less time with the child (the payor parent) pays child support to the parent who spends more time with the child (the recipient parent). This applies regardless of whether the parents were married, in a common-law relationship, or never lived together. It also applies to step-parents who have stood in the place of a parent (in loco parentis) for a significant period. The obligation to pay child support continues until the child reaches the age of majority (18 or 19 depending on the province) or longer if the child remains a dependent due to illness, disability, or full-time education.

Child support belongs to the child — not to the recipient parent. This is a fundamental principle of Canadian family law. It means that a parent cannot waive child support on behalf of the child, and it cannot be used as a bargaining chip in negotiations about parenting time or other issues. A parent who withholds parenting time because child support is not being paid, or who refuses to pay child support because they are not getting their parenting time, is acting contrary to the law. Both obligations are independent of each other.

The base amount of child support (calculated under the Federal Child Support Guidelines) is intended to cover the child's basic living expenses: food, clothing, shelter, and everyday needs. It does not cover special or extraordinary expenses, which are dealt with separately under Section 7 of the Guidelines. Section 7 expenses include childcare costs (daycare, after-school care), medical and dental expenses not covered by insurance, extracurricular activities, post-secondary education costs, and extraordinary educational expenses. Section 7 expenses are typically shared between parents in proportion to their respective incomes.

Child support generally continues until the child reaches the age of majority — 18 in most provinces, 19 in British Columbia, New Brunswick, Nova Scotia, and Newfoundland and Labrador. However, support continues beyond the age of majority if the child remains a dependent because of illness, disability, or because they are enrolled in full-time education (university, college, or an equivalent program). There is no automatic cut-off at 18 or 19 — if the child is still dependent, the obligation continues. Either parent can bring a motion to change or terminate support when circumstances change.

Child support and parenting time are separate legal obligations. A parent cannot refuse to pay child support because they are not getting their parenting time, and a parent cannot withhold parenting time because child support is not being paid. Courts treat these as independent issues. If parenting time is being withheld, bring a motion for enforcement. If child support is not being paid, contact your provincial support enforcement program. Using one as leverage against the other is not only legally wrong — it harms the child, who is caught in the middle.