Navigating the world of child support after a separation or divorce can feel overwhelming. The good news is that Child Support is regulated via both Provincial and Federal legislation. This legislation aims to ensure all children receive the financial support they deserve, while keeping in mind their parents financial circumstances. In this blog, we’ll explain the Child Support Guidelines, how payments are determined and how parents can access the money they need to support their child or children.
What Are the Child Support Guidelines?
The Child Support Guidelines are a foundational legal framework for determining child support obligations. There are two different Child Support Guidelines:
- The Federal Child Support Guidelines – which apply in the case of divorce; and,
- The Newfoundland and Labrador Provincial Child Support Guidelines – which apply in the case of a common law separation.
The Federal Child Support Guideline and the Provincial Child Support Guideline (hereinafter referred to the “Guidelines”) mirror one another and provide a standardized approach to calculating child support.
Purpose of the Guidelines: The primary objectives of the Regulations are:
- Consistency: To ensure equitable child support outcomes across similar family circumstances within Newfoundland and Labrador.
- Efficiency: To establish clear parameters for calculating child support, thereby reducing the need for protracted litigation in many cases.
- Accessing the Regulations: The full text of the Federal Child Support Guidelines is accessible through the Department of Justice Canada and the Newfoundland and Labrador Provincial Child Support Guidelines are accessible through Government of Newfoundland and Labrador.
How is Child Support Calculated in Newfoundland and Labrador?
The Guidelines are based on several factors and rely heavily on what are called Child Support Tables. These tables, including a specific one tailored to Newfoundland and Labrador, function as detailed charts that provide a starting point for child support calculations.
You’ll need three pieces of information to find the appropriate table amount. First, you’ll need the paying parent’s gross income, which refers to income before taxes and deductions. This amount is usually found in Line 150 of the paying parent’s Income Tax Return. Second, the number of children entitled to support. Third, you need the parenting agreed to by the Parties.
You can access the official Federal Child Support Table on the federal Department of Justice website and you can access the Newfoundland and Labrador Provincial Table through the Government of NL website.
Key Aspects of the NL Child Support Guidelines Regulations for Determining Child Support
Beyond the core calculation based on income and children, the Regulations include several vital aspects that parents need to understand. Let’s explore some of the most important:
- Custody Arrangements: Whether one parent has sole custody or parents share custody can influence child support obligations. While the tables provide a baseline, the specifics of your custody agreement might lead to adjustments. This is where seeking advice from a family lawyer is often beneficial, as they can help you understand the interplay between custody and support in your case.
- Special and Extraordinary Expenses (Section 7): The basic table amount only covers some of a child’s potential needs. Section 7 of the Regulations addresses “extraordinary expenses,” which may include costs like:
- Childcare expenses to allow a parent to work
- Medical and dental care not covered by insurance
- Educational programs or extracurricular activities
- Post-secondary education expenses
Typically, these section 7 expenses are shared by parents in proportion to their respective incomes and are paid in addition to child support.
- Income Determination: Child support is based on the paying parent’s income, but determining what counts as “income” isn’t always straightforward. The Regulations outline which types of income are included (employment, business income, certain government benefits) and potential deductions (union dues). If the paying parent has a complex income situation (self-employment, fluctuating income, etc.), it’s wise to consult a family lawyer to ensure all financial aspects are considered fairly.
It is important to note that the Child Support Guidelines offer a framework, but individual family circumstances may be complex. Seeking the guidance of a knowledgeable family lawyer can help you navigate the Guidelines to protect your child’s rights and best interests. Contacting the Family Law Team at Orr Cabot Crosbie Oley can help you understand your rights in calculating child support.
How to Get Child Support in Newfoundland and Labrador
If you are a parent seeking child support in Newfoundland and Labrador, you can take three primary paths. The best option for your situation will depend on your specific circumstances and your relationship with the other parent.
Firstly, you and the other parent can try to reach a child support agreement on your own. This agreement would outline the payment amount, frequency of child support payments, section 7 expenses and any other relevant details. If both parents agree, you can formalize this agreement through a written contract or seek a court order to make it legally enforceable.
Secondly, if an amicable agreement isn’t possible, you’ll need to obtain a court order for child support. This involves filing an application with Newfoundland and Labrador Courts. The Court will use the Child Support Guidelines Regulations to determine a fair payment amount.
Finally, Newfoundland and Labrador utilizes the Support Enforcement Agency (the “SEA”) . This SEA can assist in collecting and enforcing court-ordered child support payments. If the paying parent fails to make payments, the SEA has tools to intervene, such as seeking payment of child support directly from a person’s employer, or suspending a person’s driver’s license or passport until they begin paying.
It’s important to note that navigating legal processes and understanding your options can be complex. Consulting with a family lawyer in Newfoundland and Labrador is often advisable, as they can guide you through the appropriate channels and advocate for your child’s financial well-being.
Experienced Family Lawyers in St. John’s
The Child Support Guidelines provide a framework to ensure children receive the support they need. While the concepts involved may seem complex, remember the core principles: income, number of children, and the possibility for adjustments in special circumstances.
If you have questions or face a challenging child support situation, don’t hesitate to contact the Family Law Team at Orr Cabot Crosbie Oley Law. We can help you understand the Regulations, advocate for your child’s rights, and provide clarity during what is likely an already stressful time.