Who Pays Child Support?

Generally, the parent who does not have primary care of the children pays child support every month. The goal is to share the costs of raising your kids, no matter how parenting time is divided.

How Is the Amount Determined?

The Federal Child Support Guidelines set the amount based on three things:

1. The payer’s income
2. The number of children
3. The province the payer lives in

It’s a chart, not a guessing game. A family lawyer can help you find the exact number.

Where Do They Get Your Income Number?

The court looks at your total income from your tax return, specifically Line 150 (now Line 15000). That’s the starting point.

What If You Share Parenting Time?

If your children live with each parent more than 40 percent of the time, child support may be adjusted. This is called set-off child support. Each parent calculates support owed based on their income and the number of children in their care. The parent with the higher obligation pays the difference.

Split Custody Means Split Calculations

If one child lives with you and another lives with your former partner, each of you pays support for the child not in your home. The amounts are again based on income and the number of children.

Undue Hardship Is Rare, but Possible

You can ask for a reduction if the standard amount would cause undue hardship, but it is a tough argument to win. Talk to a lawyer if you think this might apply to your situation.

Self-Employed? You Might Be Treated Differently

If you run your own business, personal expenses claimed through the business may be added back into your income for child support purposes.

Is Child Support Taxable?

No. The payer does not get a tax deduction, and the recipient does not report it as income.

Support Can Change When Life Does

If there’s a material change in circumstances, like a new job or a change in the child’s living situation, the amount of support can be updated.

You Can Ask for Income Disclosure Annually

Each parent has the right to see updated financials from the other once a year. This helps keep child support fair and accurate.

When Does Support End?

Usually at age 18, unless:

• The child is still in school full time
• The child has a health condition that affects independence

A “gap year” between high school and college may be allowed.

How Long Into University or College?

Support typically continues through the first four years of post-secondary education. In rare cases, it can go beyond that, but this is the exception.

Who Pays for Post-Secondary?

These costs are usually shared either:

• Equally, or
• In proportion to income

In many cases, the child is also expected to contribute.

Are Extracurriculars Covered?

Only extraordinary expenses tend to be shared. Think rep hockey, competitive dance, or any high-cost activity that requires travel and commitment.

What About Daycare and Camps?

You’ll generally share the after-tax cost of things like daycare, before and after-school care, and summer camps. These are split proportionally based on income unless you agree to share them equally.

Uncovered Medical and Health Costs

Any medical or dental expenses not covered by insurance, like orthodontics or eye care, are usually shared based on income or split 50-50. This includes things like therapy or physiotherapy.

You Can’t Finalize a Divorce Without It

To be granted a divorce, you must pay the proper amount of child support as outlined by the Guidelines. If special benefits are provided in place of payments, like transferring an asset or covering a debt, reduced support may be allowed.

Bonus Info

• Post-dated cheques or automatic transfers are the most common payment methods.
• Step-parents may have to pay child support if they’ve taken on a parenting role.
• The Family Responsibility Office (FRO) can help enforce payments, but it can be slow and frustrating. Use it only when necessary.