In Québec, child support is a crucial financial contribution intended to meet the needs of children following a separation or divorce. Whether you’re trying to determine the amount, understand your legal obligations, or learn how to revise it, it’s important to fully grasp its nuances.
At Juriseo, our family law attorneys invite you to explore the topic of child support in Québec to help you navigate this essential aspect of family law.
What is child support in Quebec?
When two people have children together and later decide to end their relationship, this separation carries legal consequences. One of those is child support. It is defined as:
“An amount of money paid by one parent to meet the needs of their children following separation.” (Source: Éducaloi)
How does child support work?
When parents separate or divorce, the first step is to determine parenting time arrangements, which will significantly impact who must pay support and how much.
- If one parent has sole custody, the other parent is required to pay child support—even if their income is lower.
- If custody is shared, the parent with the higher income typically pays support to the one with the lower income. The objective is to ensure the child’s needs are met equally in both households.
In Québec, the law requires both parents to contribute actively and equitably to their child’s needs.
When does child support end ?
There are certain conditions under which child support may be terminated or cancelled, but each case is evaluated individually by the court.
To stop child support:
- The child must be of legal age (18+) and
- Financially independent, meaning they are no longer considered dependent on their parents.
However, additional factors may affect the outcome:
- Ongoing post-secondary studies
- The child’s physical or mental health
- Actual financial independence (e.g., does the child still live with a parent?)
Contrary to popular belief, reaching age 18 does not automatically end child support. A new judgment is required. If both parents and the adult child agree, it’s also possible to reach a mutual agreement to end support.
Note: In some cases, support may be retroactively adjusted.
How is child support calculated ?
In both Québec and Canada, child support is governed by established calculation guidelines. There are two systems:
- Provincial (Québec) guidelines
- Federal guidelines
These formulas take into account both parents’ incomes, custody type, and the number of dependent children.
The Québec model is based on both parents’ gross annual income. It determines a basic parental contribution proportionate to their income and according to the custody arrangement.
To ensure accurate calculation, it’s strongly recommended to consult a child support lawyer, who can guide you through the process and ensure all relevant factors are considered.
How to calculate child support in Quebec?
Here are the basic steps:
- Determine each parent’s gross annual income, applying certain deductions.
- Use the government-issued tables and formulas to calculate the base contribution.
- Factor in the number of children involved, as this directly impacts the support amount.
- Add any special or extraordinary expenses, such as:
- Post-secondary education
- Daycare
- Uninsured medical expenses
The Civil Code of Québec also requires parents to exchange financial information annually, including income statements and tax documents.
Note: The court has discretionary power when determining the final amount. However, as a general rule, the amount paid should not exceed half of the paying parent’s available income.
Is child support taxable?
A frequent question is whether child support is taxable income.
Under the old regime, the receiving parent had to include child support in their income tax return, making it taxable. However, this changed on May 1, 1997.
Since then:
- Child support is not taxable for the recipient
- It is not deductible for the paying parent
This rule applies to all support orders made or modified after May 1, 1997.
If your agreement or judgment predates that date and has never been modified, older tax rules may still apply. In such cases, updating the agreement is highly recommended to avoid tax consequences.
Let Juriseo help with your child support case
Understanding and calculating child support can be complex. Legal advice is essential to ensure your rights and those of your child are protected.
At Juriseo, our family law attorneys have extensive experience in child support matters. Whether you need to determine the right amount, update an existing agreement, or end support for an adult child, we’re here to assist you every step of the way.
Contact us today. We’ll take the time to review your situation and guide you with clarity, professionalism, and empathy.