Me Josée Dufour
A member of the Barreau du Québec since 2012, Josée Dufour practises at Verreau Dufresne Avocats, where she devotes herself to family and youth law. With more than a decade of courtroom experience, she supports her clients in separation, custody, support and adoption matters with rigour, empathy and transparency.
View profileBook an appointmentHave you recently separated from or divorced your spouse, and do you have dependent children? Child support can help you meet their needs. Our family lawyers in Québec City explain what you need to know about child support.
1. What is child support?
Child support is a financial allowance received periodically by one of the parents who has charge of the children, to help meet their basic needs.
2. Who has to pay child support?
When they separate or divorce, parents must decide what type of custody they want for their children: shared custody, sole custody, or sole custody with access rights for the other parent. For more information, we invite you to read our article on the different types of custody.
Most often, the parent who does not have custody of the children will pay child support to the parent who has sole custody. A parent can also ask for child support when the children are in shared custody. When custody is split equally (50/50, or 182.5 days a year for each parent), the parent with the higher income will have to pay child support to the other parent.
Here is a simple scenario as an example:
Scenario 1: parents with equal custody time (50%) but different incomes
| Parent 1 | Parent 2 | |
|---|---|---|
| Custody time | 50% | 50% |
| Income | $70,000 | $100,000 |
| Child support | Receives $108.10/month | Pays $108.10/month |
This table is for information only, and results may differ depending on each situation.
Unequal shared custody
However, when parents share custody unequally, for example 40/60, the paying parent will be determined based on the parents’ incomes, subject to other factors to consider (e.g., childcare costs paid by one of the parents).
Here are two simple scenarios as examples:
Scenario 2: the parent with the lower income has less custody time than the other parent
| Parent 1 | Parent 2 | |
|---|---|---|
| Custody time | 40% | 60% |
| Income | $70,000 | $100,000 |
| Child support | Receives $2.43/month | Pays $2.43/month |
Scenario 3: the parent with the lower income has more custody time than the other parent
| Parent 1 | Parent 2 | |
|---|---|---|
| Custody time | 60% | 40% |
| Income | $70,000 | $100,000 |
| Child support | Receives $213.76/month | Pays $213.76/month |
These two tables are for information only, and results may differ depending on each situation.
Do you recognize yourself in one of these cases?
Do you have questions about your situation and how child support is calculated?
Read our article on calculating child support or contact one of our family lawyers today.
3. How is child support calculated?
The amount of child support is calculated based on several factors, including the type of custody, each parent’s income, the number of children concerned and the appropriate basic parental contribution.
The amount of this contribution varies according to both parents’ disposable income and the number of children concerned. To find it, you must refer either to the Federal Child Support Tables or, under the Quebec system, to the Basic Parental Contribution Determination Table.
The Gouvernement du Québec also provides a calculation tool to determine the amount of child support: the Child Support Determination Form. This tool is relevant when the family situation is governed by the Quebec system. The software determines which of the two parents must pay child support, as well as the amount.
The Form can be filled out by the two parents separately or together, if they agree on the calculated amount. However, parents often bring in a lawyer to make sure the calculation is correct and to limit the risk of errors. Although the Form seems simple at first glance, certain legal considerations (including the law and case law) can significantly affect the amount to claim as child support.
To make sure you do not miss anything in your child support calculations, do not hesitate to contact our family lawyers. They have extensive experience in this area, have handled many complex cases and can help you.
“My former spouse earns more than I do, so I won’t have to pay them support…”
Think again: the fact that the other parent earns more than you does not prevent them from asking for child support, and vice versa.
Income is only one of several components used to set child support. The fact that one parent earns more does not allow the parent with the lower income to refuse to pay them child support.
A parent who refused to pay child support would be evading their parental obligations toward their children, including the obligation to provide for their needs. Child support is a matter of public order, and parents cannot waive it.
Example: Sylvain and Marie separate. They have two children and agree that Sylvain will have sole custody. Sylvain earns $100,000 a year, while Marie earns $65,000. Sylvain can ask Marie to pay him child support, even though she earns less than he does. The amount of child support will be adjusted based on each parent’s income.
If Marie had sole custody of the two children, she would in principle receive higher support than Sylvain would. The amount of support therefore balances out the income gap between the parents.
For more information, read our article on calculating child support or contact one of our lawyers directly to get answers to your questions.
4. How do you obtain child support?
Very often, it depends on the relationship you still have with your former spouse.
Parents who remain on good terms despite the breakup can agree on its consequences and set out, among other things, the custody arrangements and child support.
On the other hand, the relationship may have deteriorated to the point where the parents cannot communicate and cannot consider an agreement.
If the parents agree
After their separation, the parents can reach an amicable agreement on the payment of child support.
They can set an amount that seems fair to them or use the Child Support Determination Form established by regulation to calculate it.
Retroactive calculation of child support
It may be better to use the Form, because if the situation between the parents deteriorates, one of them can ask the court to calculate the amount retroactively according to the Form and ask to be compensated for the amount that should have been received or that was overpaid.
So even when the parents agree, it can be worthwhile to consult a lawyer to make sure the amount set or calculated is reasonable and avoid surprises later.
The child support agreement
The parents can then decide to put their agreement in writing and ask a clerk to homologate (approve) it.
A lawyer can support you through this process, even if you and the other parent agree. In particular, they can help you draft an agreement that protects everyone’s rights and help you have the agreement homologated by the court.
This last step also allows the agreement to be recognized by Revenu Québec for the collection and annual indexation of child support. As a rule, Revenu Québec collects child support directly from the paying parent’s pay. Also as a rule, the amount of child support increases every year according to the annual pension index.
If there is no agreement
If the parents cannot agree on the terms of child support, the parent who wants to obtain support can file an application with the Superior Court of Québec so that the court can decide the matter. They can file the application on their own or be represented by a lawyer.
If the parent entitled to child support was slow to apply for it, they can ask for it retroactively for up to three years before the application was filed.
Contact us
Child support can be complex, and the general framework presented above may not apply to your personal situation. For example, there are variations depending on your status (de facto spouses, married), where you live (whether the provincial or federal system applies), etc.
Contact us to get legal advice and assistance suited to your situation. In particular, our lawyers can:
- Answer your questions about your children’s child support and how it works;
- Analyze the solutions available to you, based on your situation;
- Calculate the applicable amount of child support, taking into account:
- The specific features of your situation and your former spouse’s;
- And the law and case law on the subject;
- Assess the possibility of an amicable agreement with your former spouse on child support, which will save you from having to go to court;
- Negotiate and draft your amicable agreement;
- If your former spouse does not respect an amicable agreement, have the agreement homologated by the court in order to enforce it through wage garnishment;
- If no amicable agreement is reached, draft your court application to:
- Ask for child support;
- Adjust or change existing child support;
- Or end existing child support that is no longer appropriate;
- Prepare your evidence for a court hearing to ask for, change or end child support:
- By selecting the documents and other evidence needed to convince the court of your position;
- By selecting the witnesses needed for your case and preparing them for the hearing;
- Represent you in court and assert your rights.
Note: The information above is general in nature and does not constitute legal advice. For advice on your particular legal situation, feel free to contact one of our lawyers in Québec City or Lévis.
