Child support

Child support in Canada is a financial obligation that is typically paid by one parent to the other to assist with the financial costs of raising a child after the parents have separated, divorced, or are no longer together. Child support is governed by both federal and provincial/territorial laws and regulations, and it is intended to ensure that children continue to receive financial support from both parents, even if they do not live together.

Here are some key points about child support in Canada:

1. **Child Support Guidelines**: In Canada, child support is primarily determined using the Federal Child Support Guidelines. These guidelines provide a formula for calculating child support payments based on the paying parent’s income, the number of children involved, and the province or territory where the paying parent resides. The guidelines aim to be fair and consistent in calculating child support amounts.
2. **Calculation of Child Support**: The paying parent’s income is a key factor in calculating child support payments. This includes their gross income from all sources, including employment, self-employment, investments, and other forms of income. The guidelines provide a table that outlines the basic child support amounts based on income and the number of children.
3. **Extraordinary Expenses**: In addition to basic child support, parents may be required to share the costs of “extraordinary expenses,” which are expenses beyond the basic necessities of food, clothing, and shelter. These expenses can include child care, medical and dental expenses, educational costs, and extracurricular activities.
4. **Enforcement**: Child support orders or agreements can be enforced through legal means if the paying parent fails to meet their obligations. Enforcement options may include wage garnishment, seizing assets, or suspending driver’s licenses.
5. **Modification**: Child support orders can be modified if there is a significant change in circumstances, such as a change in the paying parent’s income or the child’s living arrangements. It is important to seek a legal process to modify support orders rather than informally changing the amount.
6. **Non-Custodial Parents**: The parent who does not have primary custody of the child is typically the one responsible for paying child support to the custodial parent. However, both parents are legally obligated to financially support their children.
7. **Tax Implications**: Child support payments are not tax-deductible for the paying parent, nor are they considered taxable income for the receiving parent. This is different from spousal support, which may have different tax implications.

It’s important to note that child support laws and guidelines can vary by province or territory in Canada, and the specific details of child support arrangements may differ depending on local regulations. If you have questions about child support or need assistance with child support matters, it is advisable to consult with a family lawyer or contact your provincial/territorial child support agency for guidance specific to your situation.