Canada Child Support Laws 2026: Complete Guide to Federal Guidelines

Child support in Canada is a complex system designed with one primary goal: to ensure children continue to benefit from the financial means of both parents after a separation or divorce. Unlike spousal support, which is negotiable, child support is the right of the child. Parents cannot bargain it away.

In Canada, child support is governed primarily by the Federal Child Support Guidelines for married parents divorcing under the Divorce Act. For unmarried parents, provincial laws usually apply, though most provinces have modeled their legislation closely after the federal rules. This guide covers the federal system which sets the baseline for the entire country (except Quebec, which operates its own unique model).

How to Apply for Child Support in Canada

Applying for child support usually happens as part of a separation agreement or divorce proceeding. You do not always need to go to court. Many parents agree on the amount by simply looking up the payor’s income in the Federal Tables and writing that amount into a separation agreement.

If you cannot agree, you must apply to the court. The process depends on whether you are married or unmarried:

• Married Parents: You apply for child support under the federal Divorce Act as part of your divorce application in your province’s superior court (e.g., Supreme Court of British Columbia, Court of King’s Bench in Alberta).
• Unmarried Parents: You apply under your province’s family law legislation in provincial court. While the laws are provincial, the calculation method is almost identical to the federal rules.

Tip: Many provinces now offer online calculation services or administrative recalculation services that can set or update child support without a full court hearing. Check your provincial government’s website for “Child Support Recalculation Service.”

How is Paternity Established?

Before child support can be ordered, parentage (paternity) must be established. In Canada, federal law defers to provincial laws for the rules on establishing parentage.

Generally, a person is presumed to be a parent if:

• They were married to the birth mother at the time of birth.
• They lived with the birth mother in a relationship of some permanence before the birth.
• They are listed on the birth certificate.

If parentage is disputed, the court can order DNA testing. Once parentage is confirmed, the legal obligation to pay child support begins immediately.

Federal vs. Provincial Guidelines

It can be confusing to know which law applies. Here is the simple breakdown:

• Federal Guidelines apply if you are getting a divorce. They apply across all provinces and territories.
• Provincial Guidelines apply if you were never married (common-law) or if you are separated but not divorcing.

The “Look-Alike” Rule: Practically speaking, almost every province (except Quebec) has adopted provincial guidelines that mirror the Federal Guidelines. This means the support amount will likely be the same whether you are married or not. Quebec is the major exception, using its own unique calculation model that considers both parents’ incomes.

What Does Child Support Cover?

The monthly base amount (the “Table amount”) is intended to cover day-to-day living expenses. This includes:

• Food and groceries
• Housing (rent/mortgage, utilities)
• Clothing
• Basic transportation
• Personal care items

The law assumes the recipient parent is also contributing to these costs directly by providing a home and care for the child. The Table amount is the payor’s contribution to these basic needs. It does not cover special expenses like daycare or private school tuition (see Section 7 below).

How to Calculate Child Support

Under the Federal Guidelines, the “Table amount” is calculated using just two numbers:

1. The Payor’s Gross Annual Income: This is usually found on Line 15000 of their T1 General tax return (formerly Line 150).
2. The Number of Children: The number of children entitled to support.

Step 1: Determine Guideline Income
For most employees, this is straightforward. Use the income from Line 15000. For self-employed individuals or those with complex corporate structures, the court can “impute” income if it believes the tax return does not reflect the parent’s actual ability to pay (Section 19 of the Guidelines).

Step 2: Check the Tables
Locate the province where the payor lives. Find their income bracket and the column for the number of children. That figure is the monthly base amount.

Child Support Tables (2025/2026)

The Federal Child Support Tables were significantly updated on October 1, 2025, to reflect changes in tax rules and cost of living. It is critical to use the current tables. Using old tables (from 2017 or earlier) will result in an incorrect support amount.

You can access the official 2025 Federal Child Support Tables here: Official Justice Canada Calculator.

Note on “Gross-Up”: Since child support is not tax-deductible for the payor and not taxable for the recipient (since 1997), the tables are designed to provide a “net” benefit to the child, calculated based on the payor’s gross income.

Shared Custody and the 40% Rule

One of the most litigated areas of child support is Section 9 of the Guidelines: Shared Custody. This applies when a payor has physical custody of the child for at least 40% of the time over the course of a year.

If the 40% threshold is met, the full Table amount is not automatically payable. Instead, the court considers:

1. The Set-Off Amount: Calculate what Parent A would pay Parent B, and what Parent B would pay Parent A (as if each were paying the other). The difference (offset) is the starting point.
2. Increased Costs: The increased costs of shared custody arrangements (e.g., maintaining two full bedrooms).
3. Conditions and Means: The financial condition and needs of each parent and the child.

Myth Buster: Reaching 40% custody does not automatically mean zero child support. Usually, the higher-earning parent still pays a “set-off” amount to the lower-earning parent.

Special and Extraordinary Expenses (Section 7)

The basic Table amount covers the basics. “Section 7 expenses” are extra costs that are shared by parents in proportion to their incomes. These fall into two categories:

1. Special Expenses

• Child care expenses (daycare, after-school care) incurred due to the parent’s employment, illness, or education.
• Medical and dental insurance premiums for the child.
• Health-related expenses exceeding $100 annually (orthodontics, therapy, glasses) not covered by insurance.

2. Extraordinary Expenses

• Extraordinary extracurricular activities (e.g., competitive hockey, dance, music lessons) that are higher than average.
• Post-secondary education expenses.

How to Share Section 7 Costs:
These costs are usually shared proportionately to income after tax deductions and subsidies are removed. For example, if Parent A earns $70,000 and Parent B earns $30,000, Parent A might pay 70% of the net cost of daycare, and Parent B would pay 30%.

How to Modify Child Support

Child support is not set in stone. It should change whenever there is a “material change in circumstances.” Common reasons to modify an order include:

• The payor’s income increases or decreases.
• The child creates a new Section 7 expense (e.g., needs braces).
• The custody arrangement changes (e.g., child moves in with the other parent).
• The child reaches the age of majority.

Annual Financial Disclosure: Most court orders require parents to exchange tax returns (Notices of Assessment) every year by June 30th. This ensures support remains fair. If income has changed, you should update the support amount accordingly.

Enforcement: What Happens if You Don’t Pay?

The federal government does not directly collect child support, but it helps provinces enforce orders through the Family Orders and Agreements Enforcement Assistance Act (FOAEAA). If a payor falls behind (arrears), the provincial Maintenance Enforcement Program (MEP/FMEP) can request federal action.

When Does Child Support End?

The obligation to pay child support does not automatically end at age 18. It continues as long as the child is a “child of the marriage” under the Divorce Act.

• Under Age of Majority: Support is mandatory (unless the child withdraws from parental control).
• Over Age of Majority: Support often continues if the child is unable to withdraw from parental charge due to illness, disability, or, most commonly, pursuing full-time post-secondary education.

For university students, support usually continues for a first degree (typically until age 22 or 23), though the Table amount may be adjusted if the child lives away from home.

Retroactive Child Support

If a payor’s income increased in the past but child support was not updated, the recipient can ask for retroactive support. The Supreme Court of Canada (in D.B.S. v. S.R.G.) established the “Three-Year Rule”: generally, courts will only go back three years from the date formal notice was given.

However, if the payor engaged in “blameworthy conduct, such as hiding income or failing to disclose tax returns as ordered, the court can go back much further, potentially to the date the income changed.

Frequently Asked Questions

Related Laws

• Alberta Child Support Laws
• British Columbia Child Support Laws
• Manitoba Child Support Laws
• Domestic Violence Laws in Canada
• Canada Recording Laws