Child Support in Newfoundland & Labrador
Child support is the duty of both parents to provide financially for their dependent children.
The parent who spends less than 60 percent of the year with the children pays monthly support to the other parent. When parents spend comparable time with their children, the parent with the higher income generally pays a "set-off" amount, the difference between the amounts parents would owe each other.
Either parents agree on a support amount or the court decides. Regardless, the amount must follow the child support guidelines explained below.
Estimating support
In Newfoundland and Labrador, provincial child support guidelines apply to married parents who've yet to file for divorce and those who've never married. The federal child support guidelines apply to divorcing and divorced parents.
Since both guidelines feature the same child support table, they generally suggest the same amount of child support. But some rules differ between the two guidelines.
Find your estimated support amount using the calculator above or Canada's Child Support Table Look-up tool. If you have shared parenting time or split parenting time, make sure to use the calculator above. The other option assumes one parent has more than 60 percent of parenting time.
If the debtor (person who pays support) has an undue hardship, the court may reduce their support amount.
In addition to child support, the debtor may owe money for special expenses like child care if they agree to pay or the court orders them to.
Applying for support
To apply for a support order, fill out an application (plus a Supporting Affidavit if your case is in Provincial Court).
Complete and add the following when relevant:
- In Supreme Court, a financial statement if you're asking for support to cover special expenses or if you have a shared or split parenting time arrangement
- In Provincial Court, the appropriate documents listed in paragraph 13 of the Supporting Affidavit
- In either court, a consent order form if you and the other parent agree on the support amount
Fill out Supreme Court forms if you live in St. John's or have a divorce case anywhere in the province. Fill out the Provincial Court forms if you do not live in St. John's and are not divorcing.
Paying support
The debtor can make payments through the Support Enforcement Program (SEP), which offers various payment methods, or pay support directly to the recipient.
Support payments continue until the children can support themselves. This is generally when each child turns 19, but payments can end sooner if the child becomes independent or later if they're still considered a dependent.
Enforcing support
Enforcement is necessary if the debtor misses support payments.
If you (the creditor) receive support through the SEP, the agency will keep track of payments for you, so you won't have to worry about reporting the debtor if they miss payments.
If you receive support directly, you can contact the SEP for enforcement measures, but it may take longer to process your case. Keep track of payments in case you need to prove missed payments.
You cannot withhold visitation because the debtor misses support payments. The debtor cannot refuse to pay support because you deny court-ordered visits (which you should not do because it can have other repercussions).
Modifying support
If there's a major change in circumstances, such as a loss of employment, the support order can change.
Parents can agree to change the support amount. They would file their agreement (stating the new amount and signed by both parents and a witness) with the court. Also file the Supreme Court form for modification agreements if that court made your order, or get the Provincial Court form from the court.
If there isn't an agreement, one parent can ask the court to vary the support order. Use the Supreme Court form for modification without agreement (Word download) if that court made your order, or get the Provincial Court form from the court.
Your order may allow for an automatic annual recalculation of support through the SEP's Child Support Recalculation Service. You'll receive notice if there's a change in the debtor's income that causes the support amount to go up or down by at least $5.
Keeping track of payments and expenses
Whether you're paying or receiving child support, the Custody X Change app can help you keep track of support payments and child-related expenses.
Log details of every payment or expense into your parenting expense tracker to ensure you're on time and paid up.
When you're owed money for expenses, share an expense report with the other parent — either digitally or on paper. This is just one way Custody X Change makes co-parenting simpler.