Federal Child Support Guidelines

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.

• Marginal note:Child the age of majority or over

  (2) Unless otherwise provided under these Guidelines, where a child to whom a child support order relates is the age of majority or over, the amount of the child support order is

  • (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.

• Marginal note:Applicable table

  (3) The applicable table is

  • (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;

  • (a.1) if the spouse who is subject to a calculation or recalculation under subsection 25.01(1) or 25.1(1) of the Act resides in Canada, the table for the province in which that spouse habitually resides at the time the amount of child support is to be calculated or recalculated under subsection 25.01(1) or 25.1(1) of the Act; and

  • (b) if the spouse against whom a child support order is sought, or who is subject to a calculation or a recalculation under subsection 25.01(1) or 25.1(1) of the Act, resides outside of Canada, or if the residence of that spouse is unknown, the table for the province where the other 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, or at the time the amount of child support is to be calculated or recalculated under subsection 25.01(1) or 25.1(1) of the Act.