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Child Support Guidelines - Canada - effective 31 December 2011

New Federal Child Support Guidelines - Canada

New Federal Child Support Guideline table amounts have been implimented by the federal government effective December 31, 2011. The Canadian government reviews the table amounts every five years.

The Child Support Guideline amounts increase in some cases and decrease in others, depending on income levels and the chnages in federal and provincial taxes. Each province and territory has its own tables. Quebec's Child Support Guidelines and family law includes the income and expenses of both parents and is the exception to the federal guidelines.

Which Child Support Guidelines apply to you?

The Federal Child Support Guidelines apply if you are already divorced or planning to divorce. Provincial and territorial laws, and provincial and territorial child support guidelines, apply if you are not married to each other, and are separated, or you are married to each other and are separated, or planning to separate, but have decided not to divorce. This situation shows the problem with national child support guidlines and implementing standardized family law across Canada.

If you are divorcing and you will pay or receive child support and:

a) you and the other parent both live in Ontario, then the Federal Child Support Guidelines apply to you;

b) you and the other parent live in different provinces or territories, then the Federal Child Support Guidelines apply to you; and

c) one parent lives in Canada and the other parent does not, then the Federal Child Support Guidelines apply to you.

If you are already divorced and you or the other parent wants to change child support and:

a) you live in Ontario, then the Federal Child Support Guidelines apply to you;

b) you and the other parent live in different provinces or territories, then the Federal Child Support Guidelines apply to you; and

c) one parent lives in Canada and the other parent does not, then the Federal Child Support Guidelines apply to you.

If you were never married, then the provincial or territorial child support guidelines apply to you.

Where can I find the new federal Child Support Guideline tables?

Canada Child Support Guideline Tables as of December 31, 2011

The updated tables can also be found at http://www.justice.gc.ca/eng/pi/fcy-fea/lib-bib/legis/fcsg-lfpae/2011/pdf.html   .

The child support calculator using the updated tables can be found at:

http://www.justice.gc.ca/eng/pi/fcy-fea/lib-bib/tool-util/apps/look-rech/index.asp  .

The updated tables do not automatically change the child support amounts set out in an existing order or agreement. For parties who already have child support arrangements in place, the old table amounts remain valid until either:

a) the next time the child support is scheduled to change as per the agreement or order; OR

b) one or the other party applies to a court to have the child support changed provided the Federal tables were used to determine the original order or agreement and if using the updated tables would change the amount of child support.

If the parties do not yet have child support arrangements in place, the new tables must be applied.

Provinces that have child support recalculation services use the updated Federal tables to recalculate. Ontario has no such service.