441-01805 (Justice)

Family law is an area of shared responsibility between the federal, provincial, and territorial governments. The Divorce Act and Federal Child Support Guidelines (Federal Guidelines) apply when people divorce or are divorced. Provincial and territorial family laws and child support guidelines apply when unmarried couples separate (common law partners) or when married couples separate but do not divorce. Federal, provincial, and territorial governments work together on an ongoing basis to monitor the application of the law and to improve the family justice system responses to the many complex issues that may arise during separation and divorce.

Child support is the right of the child. It is calculated using a set of rules and tables. The child support model and formula used to calculate child support amounts was developed in the 1990s to fit the Canadian situation. It is based on parents’ capacity to pay. Federal, Provincial and Territorial Ministers of Justice, at the time, tasked the Federal/Provincial/Territorial Family Law Committee with recommendations of making improvements to the family law system. To do so, models in other countries were examined and consultations with stakeholders, and close collaboration with the provinces and territories, took place.

The Federal Guidelines have the following goals: establish a fair standard of support for children so that they continue to benefit from both parents’ incomes after separation; reduce conflict between parents by making the calculation of child support more objective; ensure that parents and children in similar situations are treated the same; and make the legal process more efficient and encourage settlements.

The guiding principle of the Federal Guidelines is that both parents share the responsibility to financially support their children based on their ability to do so. This responsibility continues even if parents remarry or have another relationship. Children should continue to benefit from both parents’ financial means after separation or divorce, just as they would if the family were still together.

The way child support is calculated under the Federal Guidelines depends on the parenting time arrangement. In shared parenting time arrangements, the situation can vary significantly from one family to another. As a result, the method to calculate support in shared parenting time cases is discretionary and is determined on a case-by-case basis by considering the following factors: (1) the amount in the tables that each parent would pay, based on each parent’s income; (2) the increased costs of shared parenting time; and, (3) the condition, means, needs and other circumstances of each parent and child.

The Federal Guidelines recognize that in some cases, a child support amount, combined with other circumstances, could create undue hardship for a parent or child. The purpose of the standard-of-living test set out in the Federal Guidelines is to determine which of the two households has a higher standard of living. If an undue hardship claim is successful, a court may order a different child support amount.

The child support amounts set out in the Federal Child Support Tables (Federal tables) are produced using the federal child support formula that takes into account parents’ income and taxes. There is a separate table for every province and territory to take into account the specific tax rules of that province or territory. Information on the formula used to calculate child support amounts in the Federal Table amounts is published on the Department’s website.

The rules to calculate income for child support purposes is different than for taxes purposes. It is calculated using gross income, starting with line 15000 of the Income Tax Return and adjusted with schedule III of the Federal Guidelines. Gross income is used because it is generally considered to be a fairer and more accurate indication of a parent’s ability to pay child support than net income.

As income can vary over time, so should child support amounts. Provincial child support services are administrative services that can calculate or recalculate child support amounts, including in the context of divorce. These services can adjust child support amounts, either up or down, to reflect updated income information, for eligible families.

The Government is committed to making the family justice system as fair as possible for all Canadians and to strengthen the family justice system. For example, Divorce Act amendments came into force in 2021 with the goal of promoting children’s best interests, addressing family violence, helping reduce poverty, and improving the efficiency and accessibility of the family justice system. In addition, work continues on various topics relating to Canadian families. The Department of Justice Canada recently undertook research on international child support models, including as it relates to how income is defined and used in other jurisdictions. Information is published on the Department’s website.

It is important for the Government of Canada to be aware of Canadians’ concerns about the family justice system so that work can continue with provincial and territorial governments to find ways to improve it.