The amount of child support can change over time. Whether due to a change in income, relocation, or a new custody arrangement, it may be necessary to recalculate child support to accurately reflect the current situation of both parents.
At Juriseo, our experienced family law attorneys invite you to explore this key topic to better navigate child support adjustments in Québec.
Why request a child support recalculation ?
Over time, parents’ personal or financial circumstances may evolve, making the initial support amount inappropriate. Several situations may justify a recalculation:
- Significant change in income: If a parent experiences a major change in income (job loss, promotion, career shift, etc.), the support amount may no longer be proportional to their financial capacity.
- Change in custody arrangement: If parenting time is redistributed (e.g., from sole to shared custody), the financial responsibilities may shift and require an adjustment.
- Birth of another child: Welcoming another child can impact a parent’s financial obligations and may justify a reassessment.
- Change in the child’s needs: New expenses—such as healthcare, education, or extracurricular activities—may also need to be factored in.
Recalculating support ensures contributions remain fair, legally compliant, and aligned with the child’s best interests.
Ending or cancelling child support: When and how ?
As part of a recalculation, it is sometimes possible to request the termination or cancellation of child support if certain conditions are met. Contrary to popular belief, a child turning 18 does not automatically end the obligation.
When can child support be terminated ?
Support may end when:
- The child is of legal age and financially independent, meaning they can meet their own needs.
However, courts also consider:
- Post-secondary studies (e.g., CEGEP, university)
- The child’s physical or mental health
- Their actual level of independence (e.g., still living with a parent)
Each case is assessed individually. A support order may continue past age 18 if the child remains dependent.
Recalculating support for an adult child
Child support may continue after the child turns 18 if they are enrolled in full-time studies or have special needs. However, circumstances can change.
For example, if the child secures stable employment, moves out, or discontinues their education, that may justify a recalculation. Likewise, a sharp increase in education-related expenses may call for an adjustment.
Courts assess these cases individually. It is strongly recommended to consult a child support lawyer to determine if the current situation allows for a revision of payments for an adult child.
Which Law applies: Provincial or federal ?
Before starting a recalculation request, it’s essential to identify whether provincial or federal law applies. In Québec, this depends on the parents’ marital status and place of residence.
Quebec provincial Law
The Divorce Act does not apply in certain cases, such as when parents are not married. Québec’s provincial law applies if:
- Both parents live in Québec
- One parent lives in Québec, and the parents are neither married nor divorced (e.g., common-law partners)
In these cases, calculations must follow the Québec Child Support Determination Form.
Federal Law
The Federal Divorce Act applies when:
- The parents are divorced or in the process of divorcing
- One parent lives outside Québec, in another province or territory
In this case, support is calculated according to the Federal Child Support Guidelines, which consider the paying parent’s income and number of dependent children.
Can the amount deviate from what the Law prescribes?
Even if both parents agree on a new amount, a court must approve any agreement that deviates from what the law prescribes. A judge must ensure that the child’s best interest is respected.
How to recalculate child support in Quebec ?
A recalculation is not automatic. It involves a structured process requiring documents, a full review of family and financial circumstances, and court approval. Here are the main steps:
1. Gather financial documents
Before filing, document your financial situation. Required documents usually include:
- Notices of assessment from Revenu Québec and/or CRA (past two years)
- Recent pay stubs or proof of monthly income
- Proof of non-salary income (self-employment, business, benefits, etc.)
- Child-related expenses: daycare, uncovered medical costs, tuition, extracurriculars
These documents help justify a significant change in financial capacity.
2. Identify the legal framework
As mentioned earlier, knowing whether you fall under provincial or federal jurisdiction determines the calculation method and required forms.
3. File a modification request in court
Whether or not both parents agree on a new amount, a court order is needed for legal recognition.
- If a court judgment already exists: file a motion to modify the judgment.
- If no judgment exists (e.g., informal agreement): it’s advisable to file for an initial child support order.
Forms are available online or at the courthouse. The court will assess the new proposed amount and ensure it aligns with the child’s best interests.
4. Get Legal support
While some steps can be done independently, working with a family lawyer simplifies the process—especially when:
- The other parent disagrees
- Your financial situation is complex
- There’s a history of non-payment or legal conflict
A lawyer can:
- Help gather proper documentation
- Fill out the forms accurately
- Draft the court application
- Represent you in court if needed
Is child support taxable ?
A common concern is whether support must be declared as income.
The short answer is no: since May 1, 1997, child support payments are not taxable for the recipient and not deductible for the payer.
This applies to any support orders issued or modified after that date. If your order dates back to before May 1, 1997 and hasn’t been modified since, different rules may still apply. In that case, updating your agreement is strongly recommended to avoid negative tax consequences.
Let Juriseo guide you through your child support recalculation
Recalculating child support can seem straightforward but is often more complex than it appears. Every family situation is unique, and the applicable legal rules vary depending on marital status, province of residence, the child’s level of independence, and financial changes.
Even if parents agree on a new amount, court approval is required to make it legally valid. That’s why seeking legal advice is crucial to ensure your process is compliant and that your rights, and your child’s rights are protected.
At Juriseo, our family law attorneys bring strong expertise in child support matters. Whether you wish to modify an existing order, cancel support, or understand the tax implications, we’re here to guide you with care and clarity.
Contact us today. We’ll take the time to assess your situation and provide the legal support you need professionally, thoroughly, and empathetically.