Child Support

Canada’s Divorce Act and Nova Scotia’s Parenting and Support Act require parents to pay basic child support, called the “table amount,” from Canada’s Federal Child Support Guidelines. This amount of child support helps pay for basic costs (expenses) such as food, clothing, shelter and activities. 

Some children may have more expenses. These are called “special” or “extraordinary” expenses. Lawyers and the courts may call them “Section 7 expenses.” They are added to the basic table amount when calculating child support. 

So child support usually includes:

• a basic amount from the Federal Child Support Tables 
• an amount for any special expenses that the child has. 

The federal and provincial governments have put in place Child Support Guidelines as a way to identify a proper amount. Both guidelines use the Federal Child Support Tables to calculate support.

Federal Child Support Guidelines apply to couples who are getting divorced or are divorced. The starting point is the table amount in these guidelines. Special expenses are on top of the table amount.

Provincial Child Support Guidelines apply to married couples who are not seeking a divorce and to other parents or guardians seeking child support. 

When a judge sets child support amounts, they consider:

• income 
• the table amount of child support
• any special expenses to add to the table amount.

Generally, income is calculated using income tax returns and notices of assessment and reassessment from the Canada Revenue Agency for the past three tax years, as well as information showing your income for this year, such as pay stubs. The court may also need more information, depending on the situation. For example, a business owner will have to provide the financial statements from their business.

The court will look at your gross income when determining child support, not your net income. Gross income is the money you earn before taxes or other deductions are taken out.

If you and the other parent disagree about the calculation of income, consult a lawyer.  

See the Federal Child Support Guidelines: Step-by-Step workbook for more information about calculating income for child support.

The parenting arrangement affects the amount of child support paid. 

Majority of parenting time: If the child spends most (more than 60%) of their time with one parent during the year, the other parent will pay child support (they will be the payor). You only need to look at the table amount for the payor parent. 

Shared parenting time: It is wrong to assume that no child support is paid if there is shared parenting. If both parents share time with the child equally or nearly (at least 40% of the time each), look at the table amount payable for each parent. The parent with the higher table amount pays the difference to the other parent.  

Split parenting time: With two or more children, and each parent has majority time with at least one child. Look at the table amount payable for each parent. The parent with the higher table amount pays the difference to the other parent. 

If a child is 19 years or older, goes to school and lives away from both parents, the child support tables may not be strictly applied. You may need to look at each parent’s income, other child support obligations and the child’s financial resources. 

Special expenses are child-related expenses that are necessary because they are in the child’s best interests and reasonable, given the parents’ means and spending pattern before separation. 

Special expenses are also called extraordinary expenses or section 7 expenses (which refers to section 7 of the Federal Child Support Guidelines). 

Usually, both parents share these expenses. Costs are calculated in proportion to their incomes (gross income, before taxes and deductions).

Special expenses may include:

• net childcare costs while the parent with the majority of parenting time is at work, sick, disabled or training for employment. The net cost is determined by taking the actual amount paid and deducting any subsidies and tax credits
• medical and dental insurance premiums and health-related expenses over $100 for each illness or event, if not covered by insurance
• expenses for education programs that meet the child’s particular needs, extra-curricular activities
• expenses for post-secondary education. In this case, the court will consider the money the child has available to help pay this expense. 

As a general rule, the parents will share the cost of these expenses according to their income. It might be different if one parent can use a subsidy or a tax credit to cover part of the expense. Parents may also agree to share the expenses differently.

If your child is over the age of 19 but is eligible for support, the child may have income of their own. Their income may be relevant when considering the table of support or contribution towards post-secondary section 7 expenses that should be paid by each parent.

Go to the Federal Child Support Guidelines: Step-by-Step workbook for more information about special and extraordinary expenses. 

This depends on when the child support order was made. The Income Tax Act was changed in 1997. 

If your child support order or agreement was made:

• before May 1, 1997, the paying parent claimed child support payments as a tax deduction, and the receiving parent had to claim the support as income 
• after May 1, 1997, the paying parent cannot claim child support payments as a deduction nor does the receiving parent claim them as income by the receiving parent.

Use Justice Canada’s Child Support Online Look-up to help figure out the base amount of child support.

That tool uses:

• 2017 Federal Child Support Tables to determine child support amounts from November 22, 2017, onward.
• 2011 Federal Child Support Tables to determine child support amounts from December 31, 2011 to November 21, 2017.
• 2006 Federal Child Support Tables to determine child support amounts before December 31, 2011. 

Go to the Federal Child Support Guidelines: Step-by-Step workbook for more information about child support, including guidance about calculating section special expenses.

You can make child support arrangements by working out an agreement with the other parent. It could just be verbal, but it is better to have a written agreement or consent court order (an order a judge makes if both parents agree). Having it in writing makes it easier to enforce. 

If you cannot agree or if you want the agreement to be a court order, either or both of you can apply to go to court to get a child support order.

Here is information about applying to court if the other parent lives in Nova Scotia.

If the other parent lives in another province or country, you will probably have to use the ISO process. It’s called that because it comes from a law called the Interjurisdictional Support Orders Act. The ISO process can only be used when the parent is in a country that also uses this process (called a reciprocating jurisdiction). If the other parent lives in a different country and you can’t agree about child support, consult with a lawyer. 

A child support order stays in force until it is changed with a new court order or a written agreement. A court order does not end when a child turns 19 unless it clearly states that on the order. If you are a person who is obliged to pay child support, it is best to get a written agreement or court order to confirm when child support ends.

In some cases, when a child no longer meets the legal definition of a dependent child, parents may agree to end child support. 

If your order is registered with the Maintenance Enforcement Program (MEP), you may be asked to get a court order to confirm that support will no longer be paid and sign it. See “Child Support Orders with No Terminating Events” for more information. 

In rare cases, a judge will place a time limit on or put an end date for paying child support. This usually only happens when a child is a post-secondary student.

Remember, child support is the child’s right. If a child is still dependent or becomes dependent while still meeting the definition of a child under the guidelines, they are entitled to support. 

The Maintenance Enforcement Program (MEP) is a service the provincial government provides to help parents collect child support. MEP has a 24-hour automated voice system called the Infoline and MEP Online services. 

If you want to join, call 902-424-0934 in Halifax Regional Municipality or 1-855-322-0934 (toll-free), or go to mep.novascotia.ca/en/enrol-and-get-started. 

You can join the program without your ex-spouse’s consent. You’ll find more information about MEP online at mep.novascotia.ca.

You are not allowed to enforce the support order yourself while enrolled in the program. If you enforce the support order yourself that is usually more complicated. Speak to a lawyer first. You’ll also find information about enforcing a court order at nsfamilylaw.ca.

If you are enrolled in the MEP, your spouse sends payments to the program, which they forward to you. You must let MEP know if you accept any support payments directly from your former spouse so they can properly credit them.

The Director of Maintenance Enforcement has the power to:

• issue garnishments to income sources (take part of your former spouse’s pay cheque or government cheque before they get it)
• put a lien on a home or land
• seize bank accounts
• revoke or suspend driving privileges in Nova Scotia
• require your former spouse to answer questions about finances.

See more information about steps MEP can take to enforce child support and spousal support.

What if my income changes? 

If you pay support and your income changes, consider talking with your spouse about updating the order to reflect your current income. If there is an agreement and the current order is registered with MEP, you will need to register your new agreement with the court. MEP will then update its records and collect the new amount.

What if we need a new agreement?

MEP cannot negotiate a new support agreement between spouses. They are only able to follow the most recent court order that is registered for enforcement. If you are the payor, your income has changed, and you cannot reach a new agreement, consider getting the court to decide. The MEP cannot change it for you. Get legal advice.

Can I join MEP if my support order is from another province or country?

Nova Scotia has maintenance enforcement agreements with every province and territory in Canada, the United States and some other countries. You can register your support order with Nova Scotia’s MEP. They cannot enforce your order but will register it for enforcement with the MEP where your spouse lives.

To register your support order, you will need an enrollment kit. It includes a completed declaration of arrears and three certified copies of your support order. Do not use photocopies; only certified copies from the court that issued the order.

Can I leave the MEP?

Yes. You and your spouse can agree in writing to leave the MEP (both must agree). If you are on income assistance, you may be required to remain enrolled in the program. MEP may require a new order before you will be permitted to leave.

You may not need the MEP if you are comfortable dealing directly with your former spouse, and they pay the full amount of support on time each month.

Can MEP enforce my court order for property division?

No. MEP only enforces child support or spousal support. To enforce an order for property division, you must apply to the court that granted the order to enforce it.

You can do some things on your own. If the order gives you ownership of a vehicle, you can take the order to the Registry of Motor Vehicles to ask that they register the vehicle in your name. If your former spouse will not give up the vehicle, you can ask the police or sheriff’s office to help you. If you are having trouble enforcing the order, it is best to get legal advice.

The MEP has general information fact sheets on: 

• Payor Responsibilities 
• Recipient Responsibilities 
• Child Support Orders with No Terminating Events.).

For more information, go to mep.novascotia.ca/

In a few specific circumstances, a parent may claim that the amount of child support under the Federal Child Support Guidelines makes life too hard for them or the child. This is called “undue hardship.” Either parent may make an undue hardship claim, saying that a higher or lower amount of child support would be more appropriate.

Reasons for claiming undue hardship are limited. They include:

• a high level of debt from before separation or to earn a living, and the person who must pay child support is making regular debt payments 
• extraordinarily extra-high costs related to spending parenting time with the child. For example, the child lives with one parent in Vancouver, and the other parent lives in Halifax
• a legal responsibility to support another child or person who cannot meet their basic needs on their own. This must be confirmed in a written agreement or court order. 

You also must show that your household’s standard of living is lower than the other parent’s to prove undue hardship.

The court will look at the income of a new partner or other people living in either household when someone makes an undue hardship claim. The income of these household members will not affect the amount of support. Their income information is only used by the court to calculate and compare the standard of living of each household. 

If the household of the parent claiming undue hardship has a higher standard of living than the other parent’s, the court will not accept the claim. The child support amount should stay the same.

However, if the household of the parent claiming undue hardship has a lower standard of living, the court might accept the claim and change the amount of child support.

Here is more information about how to compare household standards of living in the Federal Child Support Guidelines: Step-by-Step.

Contact the Maintenance Enforcement Program (MEP) if you have a child support order and you are having trouble getting payments. If you have a written agreement about child support, you must register for a court order before the MEP accepts your request.

If you register for the program, the parent paying child support (payor) makes payments through MEP. The program then sends the payment to the recipient.

MEP may take action if the payor fails to make payments. Enforcement officers may deduct (garnish) money from wages or other payor income, such as income tax refunds, Workers’ Compensation Benefits, Canada Pension Plan and employment insurance benefits. They may also seize bank accounts, revoke passports and require the Registrar of Motor Vehicles to suspend the payor’s driving privileges.

If you have been in MEP but wish to leave you may submit a Request for Withdrawal form. This request may or may not be approved. You will be notified of the decision. 

If you are not registered with MEP: If your support order or agreement is not registered with the MEP, you can apply to the courts for enforcement, but you will be responsible. If you have a support order from the Supreme Court, you can file for an execution order. You will also need to file a sworn statement saying that the support is in arrears. You can also apply to the Nova Scotia Supreme Court for a contempt order. It is best to speak with a lawyer first.

Yes. Court orders can be enforced in all the provinces and territories, the United States and also in several other countries. Orders made in these places can be enforced in Nova Scotia. 

Sometimes you may not know where the other parent is living. The provincial and federal governments have sources that may help to locate a person who is not paying court-ordered support. If you are registered with MEP, they will use these sources to try to find the payor. 

 

What happens when your income changes will depend on:

• whether you are the payor parent or the recipient parent
• whether you are enrolled in the Administrative Recalculation Program
• whether your court order or agreement anticipated your change in income
• how child support was calculated in your case
• whether you and the other parent agree about the effect the change in income should have on the child support payments.

In some situations, the reason for the change in income is also relevant. 

You should review child support and any special or extraordinary expenses at least once a year. Parents must keep their financial information up to date. It is a good plan to exchange income tax returns every June 1 and update the support amount if needed. 

Determine the amount of child support using the tables in the Federal Child Support Guidelines and, if you agreed to a different formula, whatever formula you may have agreed to. 

If you have a court order that is registered with the Maintenance Enforcement Program (MEP), you will need a new court order to change the amount collected. You may get a new court order by agreement with the other parent and then register it with the court for a judge’s approval. 

If you have a registered agreement or a court order for child support and you and the other parent cannot agree on whether it should change based on your new income, the parent requesting the change in child support can apply to court for an updated order. This is called making a variation application. There is more information on nsfamilylaw.ca.

If your registered agreement or court order specifically allows, you may be able to use Nova Scotia’s Administrative Recalculation of Child Support Program without having to make a court application, pay a court filing fee, or negotiate with each other.

The Administrative Recalculation of Child Support Program makes it easier for parents to update child support amounts in a court order or registered agreement. The Program allows parents to update the table amount of child support without having to file a court application, pay a filing fee or negotiate with each other. 

The Program recalculates the table amount of child support where a court order or registered agreement allows. The recalculation happens once a year on the court order anniversary. The Program recalculates certain child support orders based on updated income information provided by the parent paying support. 

To enroll in the Program, your order must state that you are eligible. There are other requirements for enrollment as well. 

Go here for more information about the Administrative Recalculation Program.

You need to update the child support agreement or order regularly to keep track of any changes to the payor's income or special expenses.

You can request back-dated (retroactive) child support, but there is no automatic right to a back-dated order. If the court orders back-dated child support, it will usually only go back a maximum of 3 years. 

This can be complicated, and there are legal factors that must be looked at. It is best to get legal advice and apply to court right away if you cannot reach an agreement with the payor parent.

Here is information about ways to get more family law legal information and legal advice.

• For more information on the Federal Child Support Guidelines you can contact the Department of Justice Canada toll-free at 1-888-373-2222, or visit their website at justice.gc.ca.
• For information on the tax treatment of child support, contact the Canada Revenue Agency at 1-800-959-8281.
• Go to nsfamilylaw.ca for further child support information, including about the Administrative Recalculation of Child Support Program.