The Federal Justice Department is looking for feedback from Canadians on the Federal Child Support Guidelines, and specifically on:
- the process to decide the amount of child support payable in shared parenting time arrangements (so, where a child lives at least 40% of the time with each parent); and
- the process of complying with income disclosure obligations.
The survey takes approximately 15 minutes to complete and is open until September 25, 2024.
What are the “Guidelines”?
The Federal Child Support Guidelines, referred to as the Guidelines, govern all child support orders made under the Divorce Act, meaning any claim for child support being made as part of a divorce proceeding in Canada.
In Ontario, the Family Law Act governs the separation of couples who are not married or who are not seeking a divorce in Ontario, such as common law couples. Ontario has its own provincial Child Support Guidelines, that mirror the language in the Federal Guidelines. This importantly assures that people divorcing under the Divorce Act or otherwise separating under the Family Law Act are treated equally when it comes to calculating child support.
The Guidelines formula uses the income of the payor parent and the number of children to determine what the table amount of child support is. The Guidelines then allow for parents to adjust the table amount to reflect their specific circumstances, such as, whether they are sharing or splitting parenting time, if they have special expenses, if one parent is an exceptionally high-income earner, or if the child is over the age of majority.
Despite being called “guidelines”, the Provincial and Federal Guidelines are binding law and there are limited situations in which the court can order differing amounts. These exceptions include:
- if special provisions have been made for the child in an order or agreement, for example, the transfer of property for the benefit of the child, that would make the table amount inequitable; or,
- if the spouses agreed to child support that deviates from the Guidelines and the court is satisfied that the agreement provides sufficient and reasonable support for the child.
Remember that child support is the right of the child, and not the parent who receives it.
Complete the survey to provide your two cents on the Guidelines, and reach out to us here at Mann Lawyers if you require the assistance of our Family Law Team in navigating your child support obligations.
This blog post was written by Meghan Boyer, a member of the Family Law team. She can be reached at 613-566-2055 or at meghan.boyer@mannlawyers.com.
