Child support is money exchanged between parents to ensure that children receive adequate financial support following separation or divorce. Child support is considered the right of the child, which means it's not really up for negotiation between parents. It's a mandatory obligation that all parents must fulfill depending on their parenting arrangements.

Child support calculations can seem complex, but understanding the Federal Child Support Guidelines makes the process much clearer. When you're going through a separation and establishing support arrangements, this guide outlines exactly how child support is determined in Canada.

The Federal Child Support Guidelines use a standardized table system to ensure fair and consistent child support payments across the country. This table-based approach takes the guesswork out of calculations and provides predictable outcomes for families.

The child support table is organized with two key variables:

Example: If a payor has 2 children and earns $85,000 per year, the table shows a monthly child support payment of $1,314. This standardized approach ensures fairness and consistency in child support calculations across all cases.

Child support calculations use a formula based primarily on two key factors:

The calculation follows a simple principle: the more children you have and the higher your income, the more child support you'll pay. This variable approach reflects the understanding that higher-income families typically spend more on their children, and parents should continue providing similar support after separation.

The federal child support guidelines govern all child support payments and have been adopted as law in each province. These guidelines apply to all guardians of a child and consist of two main components:

Child support continues until a child reaches the age of majority, which varies by province and territory:

Child support may continue even after your child reaches the age of majority if they remain financially dependent due to:

The goal is to ensure the child's life circumstances remain as similar as possible to their pre-separation situation.

Many parents wonder about alternative payment methods, such as paying child support directly to the child, placing payments in investment accounts, or directing payments toward RRSPs.

The answer is a clear no to all these alternatives. Child support must be paid to the other parent to support the child in their home. These payments contribute to essential living expenses including mortgage or rent payments, utilities, food, transportation costs, or other normal monthly household expenses.

The table amount represents a basic monthly payment based on the payer's income. It's called a "table amount" because the figures are organized in a standardized table format where the number of children falls along the top, and the payer's before-tax annual income runs down the side.

Example: A parent earning $85,000 annually with two children would pay $1,314 per month in child support.

The recipient of child support is typically the parent who has primary parenting time. That means they have more than 60% of the time with the child. In that case, the parent with less than 40% of the time is the payer of child support.

In the case of shared parenting, where both parents have between 40 and 60% of the time with a child, each parent will pay a table amount of child support to the other based on their individual incomes. Then the two table amounts set off against one another and net out one payment that comes from the higher income earner to the lower income earner.

The set-off amount is technically a starting point for child support in a shared parenting arrangement because it can be adjusted at the discretion of a judge if it's seen that it's inappropriate in the circumstances. This is rarely done in practice. In fact, departing from the tables almost never happens.

If you're married and seeking divorce, you'll have to apply to the court for a divorce. The court will review your Separation Agreement to ensure you’re adhering to child support guidelines. If they find in your Separation Agreement that your set-off does not reflect the guidelines or that you're simply not paying child support according to the guidelines for another reason, they may not allow your divorce. It'll get bounced and you'll have to go back and make an adjustment to your child support before they will allow you to be divorced.

If you're considering departing from standard guidelines, it’s highly recommended you consult with a family lawyer first. They can include specific clauses in your agreement to minimize potential issues when you apply for divorce.

The federal child support guidelines show exactly how much support the payer should pay according to the number of children they have and income.

When a payer earns over $150,000 annually, they fall outside standard table calculations where it’s inappropriate with respect to income over and above $150,000. In these cases, it's possible to determine a different amount by considering the conditions, means, needs, and other circumstances of the children and the parents and the ability of each of them to pay and contribute to support.

Even for high-income earners, departures from guidelines remain rare unless income significantly exceeds $150,000. If this applies to your situation, add it to your list of topics to discuss with your lawyer.

The guidelines recognize that paying standard table amounts might cause undue hardship. In such cases, a different amount of child support may be awarded.

Undue hardship might apply when a parent faces:

Departures from guidelines due to undue hardship are exceptionally rare. Departures typically require extreme circumstances to successfully demonstrate undue hardship.

Again, if you think that this might apply to you and you want to discuss it with your lawyer, make sure that you note it down and get legal advice.

Understanding these fundamentals helps ensure compliance with legal obligations while protecting your child's financial security. When in doubt, consult with a qualified family lawyer to navigate your specific circumstances.