Child Support: An Introduction

When the decision to separate or divorce has been made and you and your former spouse/partner have settled any issues regarding custody and access the next step is to establish the amount payable for child support.¹

Normally, the parent who is granted primary physical residence of the child is the one who will probably be incurring the daily expenses associated with raising him or her and as a result that parent may be compensated so to lessen the burden, the impact, the effect that these expenses could have.

You should also be aware that all dependent children have a legal right to be financially supported by their parents and the right to benefit from the financial means of their parents. Therefore, if you are an access parent (and there are no special circumstances that must be considered such as undue hardship) you may have to pay/you will probably be paying child support. This financial obligation towards your children continues even if your former spouse remarries or starts to live with someone else.

Much like custody/access issues there are two Acts that help to establish entitlement to child support and that determine the amount payable:

• the Divorce Act applies to situations where there is a legally married couple who has either divorced or is in the process of getting a divorce
• the Family Law Act is used to settle disputes about child support between two individuals who are:
• not married, or
• legally married and opting to separate as opposed to divorce

The Federal Child Support Guidelines SOR 97-175 and the provincial Child Support Guidelines O. Reg. 391/97, which are regulations to both the Divorce Act and the Family Law Act, are used to determine the quantum (amount) that is to be paid.

The courts will consider the income of the paying parent together with the number of children and then look to the Tables found in Schedule I which list the monthly amounts payable based on the information given. The income of the recipient is only required under certain circumstances.

You should note that there is a presumption in the guidelines that the table amounts will always be used, however if there is a reason to deviate from the table amounts then the courts will allow it and order a different amount. Remember that the guidelines are law and not simply advisory therefore they will always be considered and applied.