Child Support

If both parents are living in Quebec, child support is established on an annual basis by taking into consideration the basic parental contribution to which both parents are jointly bound, child care expenses, post-secondary education expenses and special expenses relating to the child, the disposable income of that parent in relation to that of both parents and custody time with the child.

 

Child support is determined by mandatory guidelines. Federal guidelines apply if a child's parents are married and one of the parents lives outside Quebec. Quebec guidelines apply if the parents both live in Quebec. If the parents are not married but one lives outside Quebec, the Quebec guidelines apply.

 

The basic parental contribution of both parents is determined based on their disposable income and the number of children for whom child support is to be paid.

 

A parent who has custody of a child more than 60% of the time is considered to have sole custody of the child.

 

A recent Supreme Court decision (D.B.S. v. S.R.G.; L.J.W. v. T.A.R.; Henry v. Henry; Hiemstra v. Hiemstra, [2006] 2 S.C.R. 231, 2006 SCC 37) found that if a parent has an increase in income if the other parent is not informed, this could be grounds for a retroactive request for increased child support if the other parent finds out.

 

The Quebec guidelines require both parents' incomes to be considered. Under the federal guidelines, it is presumed that the custodial parent is using his or her earnings to contribute to the children and the information about the custodial parent's income is not necessary unless the children have special expenses, which have to be shared by both parents.

 

To consult the Federal Guidelines go to: http://www.justice.gc.ca/eng/pi/sup-pen/pub/guide/index.html

 

To consult the Quebec guidelines go to :

http://www.justice.gouv.qc.ca/english/publications/generale/modele-a.htm#anchor127879