Child Support | Determine the Amount

When a relationship breaks down and the partners have children child support is always an issue that must be addressed. When child support is payable, naturally, couples wonder how to determine the amount.

The Child’s Primary Residence

There are two ways to resolve the issues when a couple separates. The first, and preferred, way is by way of a Separation Agreement. Arriving at an agreement, of course, depends upon the willingness of the partners to be reasonable and cooperative with one another. As with the negotiation of any agreement, the parties may have to be willing to compromise their initial positions in order to find what I often call that ‘middle ground’.

Sometimes a skilled mediator could help parties to find that middle ground if they were unable to do so on their own. If those efforts failed, the parties would likely be headed to family court.

The right to receive child support is the right of the child. Every so often over the course of many years in the practice of law, I would hear objections from a parent who was resistant to the idea of payment of child support. I was surprised that I had to explain to some parents that their child or children still needed accommodation, had to eat and have clothes to wear.

In Canada, the federal government did a study over ten years to determine the costs of these basics. Ultimately, the Federal Child Support Guidelines were introduced. These guidelines are a table that sets out a payor’s income on the vertical axis of the chart. Starting at zero at the top, increasing levels of gross annual income were listed as you moved your eyes downward on the chart. The number of children were set out along the horizontal axis of the chart at the top. Lawyers in Canada often refer to the amount of child support determined by the guidelines as the “table” amount.

Accordingly, to determine the amount of child support, you would look at the payor’s gross annual income on the vertical axis. Once that number was found, you would look sideways to the column that corresponded to the number of children. The monthly amount of child support payable would be found in that column.

Unless there were unusual circumstances present, a family court judge would not depart from the number that was set out. In other words, barring unusual circumstances, a judge would have no discretion to order a monthly child support amount that would be a departure from the amount specified in the guidelines.

The determination of which parent paid child support depended upon the primary residence of the child or children. In very simple terms, the primary residence of the child or children was the residence of the custodial parent. How the issue of custody of the children was determined is the subject of other posts. But, generally speaking, the parent with access to the children paid child support to the custodial parent.

Variations in the “Table” Amount

The Guidelines provide for a variation in the “table” amount under various types of circumstances. If a parent was on social assistance, that parent would not be ordered to pay child support. At the other end of the scale, if a parent’s gross annual income exceeded $150,000.00 a judge could depart from the amount specified by the table.

Finally, if other arrangements had been made by the couple where one party absorbed various costs incurred in providing for the children, a judge would take the cost of those arrangements into account in the determination of the monthly amount of child support that ought to be payable.

Shared Custody

Child support in a shared custody situation is determined under the Canadian Federal Child Support Guidelines by taking into account the income of both parents and the amount of time each parent spends with the child. The guidelines provide a formula for calculating the amount of child support that is fair and equitable in these situations. The goal is to ensure that both parents contribute to the financial support of their child, taking into consideration their respective incomes and the time they spend with the child.

This approach aims to provide consistency and predictability in child support arrangements, while also recognizing the financial responsibilities of both parents. Ultimately, the guidelines seek to prioritize the best interests of the child, ensuring that they receive the financial support they need regardless of the custody arrangement.

Split Custody

In a split custody situation, where each parent has custody of at least one child, the guidelines consider the financial needs of each child and the income of each parent to calculate the amount of child support owed. The guidelines also take into account any special or extraordinary expenses related to the care of the children, such as medical or educational expenses.

It is important for parents to be aware of their rights and responsibilities under the Federal Child Support Guidelines, and to seek legal advice if they have any questions or concerns about child support in a split custody situation.

Section 7 Expenses

Under section 7 of the Guidelines, other expenses are factored into the equation. Section 7 of the Canadian Federal Child Support Guidelines addresses the issue of special or extraordinary expenses related to a child. These expenses may include childcare, medical and dental insurance premiums, health-related expenses, and extracurricular activities and, if the child is in full-time attendance at a post-secondary institution, the expenses may be classified as special expenses under section 7.

In my practice I have always taken the position that not all extra-curricular expenses qualify as section 7 expenses that must be shared. Every Canadian child is involved in some sort of extra-curricular activity. For example, if Johnny is playing house league hockey, that is an activity in which many Canadian boys participate and, in my view, these are not section 7 expenses. On the other hand, if Johnny played AAA while the parties were living together and he is a goalie, those expenses can be heavy and, as such, likely qualify as section 7 expenses.

The guidelines state that both parents are responsible for contributing to these expenses in proportion to their respective incomes. However, the specific details of how these expenses are to be allocated are left to the discretion of the court or the parents themselves. Overall, section 7 aims to ensure that both parents share the financial responsibility for their child’s special needs and activities.

I hope you have found this content helpful. It is intended as information only and is not to be relied upon as legal advice. If you need advice that applies in your particular set of circumstances call my office today to arrange for a no-obligation consultation.

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Grant Rayner*

If you are separating from your spouse in the Upper St. John River Valley of New Brunswick, call Langdon Law at 506.497.2560 for a consultation. Offices in Woodstock, Hartland and Florenceville-Bristol to serve you.

*Grant is a member of the Law Society of Ontario. He has permission from the Law Society of New Brunswick to practice as a visiting lawyer with the firm Langdon Law pending the transfer of his membership with the Law Society in Ontario to the Law Society of New Brunswick.