- (a) interim orders under subsections 15.1(2), 18.1(12) or 19(10) of the Act;
- (b) orders varying a child support order;
- (c) orders under subsections 18.1(15), 19(13), 28.5(5) or 29.1(5) of the Act;
- (c.1) calculations of child support under subsection 25.01(1) of the Act; and
- (d) recalculations of the amount of child support orders under subsection 25.1(1) of the Act.
- SOR/2007-59, s. 1
- SOR/2020-247, s. 1
Amount of Child Support
Marginal note: Presumptive rule
- 3 (1) Unless otherwise provided under these Guidelines, the amount of a child support order for children under the age of majority is
- (a) the amount set out in the applicable table, according to the number of children under the age of majority to whom the order relates and the income of the spouse against whom the order is sought; and
- (b) the amount, if any, determined under section 7.
- (a) the amount determined by applying these Guidelines as if the child were under the age of majority; or
- (b) if the court considers that approach to be inappropriate, the amount that it considers appropriate, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each spouse to contribute to the support of the child.
- (a) if the spouse against whom an order is sought resides in Canada,
- (i) the table for the province in which that spouse habitually resides at the time the application for the child support order or for a variation order in respect of the child support order is made,
- (ii) if the court is satisfied that the province in which that spouse habitually resides has changed since the time described in subparagraph (i), the table for the province in which the spouse habitually resides at the time of determining the amount of support, or
- (iii) if the court is satisfied that, in the near future after determination of the amount of support, that spouse will habitually reside in a given province other than the province in which the spouse habitually resides at the time of that determination, the table for the given province;
- SOR/97-563, s. 1
- SOR/2020-247, s. 2
Marginal note: Incomes over $150,000
4 Where the income of the spouse against whom a child support order is sought is over $150,000, the amount of a child support order is
- (a) the amount determined under section 3; or
- (b) if the court considers that amount to be inappropriate,
- (i) in respect of the first $150,000 of the spouse’s income, the amount set out in the applicable table for the number of children under the age of majority to whom the order relates;
- (ii) in respect of the balance of the spouse’s income, the amount that the court considers appropriate, having regard to the condition, means, needs and other circumstances of the children who are entitled to support and the financial ability of each spouse to contribute to the support of the children; and
- (iii) the amount, if any, determined under section 7.
Marginal note: Spouse in place of a parent
5 Where the spouse against whom a child support order is sought stands in the place of a parent for a child, the amount of a child support order is, in respect of that spouse, such amount as the court considers appropriate, having regard to these Guidelines and any other parent’s legal duty to support the child.
Marginal note: Medical and dental insurance
6 In making a child support order, where medical or dental insurance coverage for the child is available to either spouse through his or her employer or otherwise at a reasonable rate, the court may order that coverage be acquired or continued.
Marginal note: Special or extraordinary expenses
- 7 (1) In a child support order the court may, on either spouse’s request, provide for an amount to cover all or any portion of the following expenses, which expenses may be estimated, taking into account the necessity of the expense in relation to the child’s best interests and the reasonableness of the expense in relation to the means of the spouses and those of the child and to the family’s spending pattern prior to the separation:
- (a) child care expenses incurred as a result of the employment, illness, disability or education or training for employment of the spouse who has the majority of parenting time;
- (b) that portion of the medical and dental insurance premiums attributable to the child;
- (c) health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses;
- (d) extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child’s particular needs;
- (e) expenses for post-secondary education; and
- (f) extraordinary expenses for extracurricular activities.
- (a) expenses that exceed those that the spouse requesting an amount for the extraordinary expenses can reasonably cover, taking into account that spouse’s income and the amount that the spouse would receive under the applicable table or, where the court has determined that the table amount is inappropriate, the amount that the court has otherwise determined is appropriate; or
- (b) where paragraph (a) is not applicable, expenses that the court considers are extraordinary taking into account
- (i) the amount of the expense in relation to the income of the spouse requesting the amount, including the amount that the spouse would receive under the applicable table or, where the court has determined that the table amount is inappropriate, the amount that the court has otherwise determined is appropriate,
- (ii) the nature and number of the educational programs and extracurricular activities,
- (iii) any special needs and talents of the child or children,
- (iv) the overall cost of the programs and activities, and
- (v) any other similar factor that the court considers relevant.
- SOR/2000-337, s. 1
- SOR/2000-390, s. 1(F)
- SOR/2005-400, s. 1
- SOR/2007-59, s. 2
- SOR/2020-247, s. 3
Marginal note: Split parenting time
8 If there are two or more children, and each spouse has the majority of parenting time with one or more of those children, the amount of a child support order is the difference between the amount that each spouse would otherwise pay if a child support order were sought against each of the spouses.
Marginal note: Shared parenting time
9 If each spouse exercises not less than 40% of parenting time with a child over the course of a year, the amount of the child support order must be determined by taking into account
- (a) the amounts set out in the applicable tables for each of the spouses;
- (b) the increased costs of shared parenting time arrangements; and
- (c) the conditions, means, needs and other circumstances of each spouse and of any child for whom support is sought.
Marginal note: Undue hardship
- 10 (1) On either spouse’s application, a court may award an amount of child support that is different from the amount determined under any of sections 3 to 5, 8 or 9 if the court finds that the spouse making the request, or a child in respect of whom the request is made, would otherwise suffer undue hardship.
- Marginal note: Circumstances that may cause undue hardship (2) Circumstances that may cause a spouse or child to suffer undue hardship include the following:
- (a) the spouse has responsibility for an unusually high level of debts reasonably incurred to support the spouses and their children prior to the separation or to earn a living;
- (b) the spouse has unusually high expenses in relation to exercising parenting time with a child;
- (c) the spouse has a legal duty under a judgment, order or written separation agreement to support any person;
- (d) the spouse has a legal duty to support a child, other than a child of the marriage, who is
- (i) under the age of majority, or
- (ii) the age of majority or over but is unable, by reason of illness, disability or other cause, to obtain the necessaries of life; and
