Section 2 - The Law and the Best Interests of Children

Lesson 11 - Child Support

The federal Divorce Act outlines procedures for determining child support amounts if the parents are already divorced or planning to divorce.

Provincial laws apply if the parents have never married, or are separated or planning to separate, but do not intend to divorce.

The appropriate level of child support depends on the following factors:

The non-custodial parent's total income - usually, it is the non-custodial parent who pays all, or most, of the child support to the custodial parent.
The number of children to be supported.
The appropriate provincial child support guidelines. These guidelines were established by the federal government in 1997, and the guidelines may differ from province to province. For example - In Ontario, according to the guidelines, a resident with an annual income of $50,000 who has one child would pay $462 a month in child support. In another province, the dollar amount may differ; it depends on the province.

It is important to note that the custodial parent is also expected to contribute a similar share of his or her income to meet the costs of raising the children. In this way, children share in increases and decreases in either parent's income, just as they would if their parents were still married.

Under provincial and territorial legislation, parents must support unmarried children living at home until they reach the age of majority (for example, 18 years of age in Alberta). The age of majority depends on the province or territory. However, if a child between 16 and the provincial age of majority leaves home and withdraws from parental control, the obligation to pay child support ends.

(For example: If a 17 year old who lives in Alberta leaves home, the obligation to pay child support ends, because he/she is between 16 years of age and Alberta's age of majority, which is 18.

You may now proceed to Section 3: Laws Related to Wills and Estates.