Child Support

The court will arrive at the base child support amount factoring in the following:

• The parent’s gross income: This is the gross annual income before taxes and deductions, as generally mentioned in the tax return filing. However, if a self-employed parent has a fluctuating annual income, you must submit supporting documents to the court to prove this. The court will make the necessary adjustments and probably take the average figure to be fair to that parent.
• Number of children they have to support: In some cases, the same parent might be legally responsible for child support to his children from another marriage or relationship. The court will take into account these other obligations of the parent.
• Cost of living: There is a significant difference in the cost of living across Canada’s provinces and territories. In fact, the federal guidelines include different child support tables for each territory and province, reflecting the cost-of-living differences.
• Child custody arrangement: Child custody arrangement is one of the factors that the court will look into when deciding which parent will bear the burden of paying for the child support.
  • Sole custody (now called decision making): If one of the parents has sole custody of the child, the court will require the other parent to pay the child support.
  • Shared custody: If the parents enjoy shared custody of the child, the court will decide on splitting the child support amount between the two, taking into consideration their incomes and the Federal Child Support guidelines.
  • Split custody: Here, the custody of the children is split between the two parents, with each parent getting the custody of one child. Child support for each child is owed to the other parent who is taking care of the child. The court will decide on how the net difference is paid.
• Section 7 or Special Expenses: Outside the base child support amount, additional expenses will be incurred for the child, which are set out under Section 7 of the Federal Child Support Guidelines. This is, therefore, sometimes referred to as Section 7 expenses. This generally covers the following:
  • Costs of childcare, such as daycare or babysitter expenses.
  • Expenses for extra-curricular activities such as arts or sports programs.
  • Special costs associated with the child’s extraordinary needs, such as for private tutoring or special needs schooling.
  • Expenses for the child’s post-secondary education, covering the tuition fees, books, stationery, and any other associated expenses.
  • Medical and dental care insurance premiums for the child.
  • Any healthcare expenses that were not reimbursed by the insurance coverage.