In Nova Scotia, children under the age of 19 are considered dependent children. When parents separate with children under the age of 19, the court must consider the appropriate living arrangements for the children, and the appropriate financial support to be paid to support them. This financial support provided is known as child support.
How is child support calculated?
The amount of child support to be paid by one parent to the other is calculated using the Federal Child Support Guidelines. First, the parenting arrangements must be established. If separated parents operate under a primary care scenario, where the children spend more than 60% of the time with one parent, child support is routine to calculate. In a primary care scenario, the payor parent’s income will be calculated. Once calculated, child support is calculated using the Federal Child Support Tables (“the tables”). Under the tables, you are able to look up how much child support is payable based on the payor’s income, and the number of children you have.
What is included in child support?
Child support is intended to be the payor parent’s contribution towards the cost of raising a child and is intended to include all expenses that may arise. However, there are special expenses that a payor parent may be required to contribute towards above and beyond the regular “table amount.” These are referred to as “section seven” expenses, as they are listed at section seven of the Federal Child Support Guidelines. Section seven expenses can include, but are not limited to, child care, health related expenses and extracurricular activities.
In shared parenting arrangements, child support is calculated differently than in primary care arrangements. Under a shared parenting arrangement, the court calculates child support in accordance with section nine of the Federal Child Support Guidelines. This requires the court to look at the income and child support obligations of both parents, the increased costs of shared custody, and the condition, means, needs and other circumstances of each parent and the children for whom child support is sought. This can be a very complicated calculation.
Typically, child support is payable until children reach the age of 19. However, there are circumstances in which child support may be paid even after a child turns 19. One example of this is when children pursue post-secondary education. In those circumstances, a payor may be required to pay child support beyond the age of 19, as well as make a contribution towards the cost of post-secondary education.
Child support is the right of the child. When pursuing these claims, the family law lawyers at Lenehan Musgrave LLP can help you navigate what you should be paying, or what you should be receiving. Booking A consultation with one of our lawyers can help you identify how to move forward.
