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Child Support Orders in a divorce file in Canada

In a divorce file, the court may, on application by either or both spouses, make an order requiring a spouse to pay for the support of any or all children of the marriage.

The court may, on application by either or both spouses, make an interim order requiring a spouse to pay for the support of any or all children of the marriage, pending the determination of the application.

The court making an order shall do so in accordance with the applicable guidelines regarding child support.

The court may make an order for a definite or indefinite period or until a specified event occurs, and may impose terms, conditions or restrictions in connection with the order or interim order as it thinks fit and just.

The court may award an amount that is different from the amount that would be determined in accordance with the applicable guidelines if the court is satisfied:

• that special provisions in an order, a judgment or a written agreement respecting the financial obligations of the spouses, or the division or transfer of their property, directly or indirectly benefit a child, or that special provisions have otherwise been made for the benefit of a child; and

• that the application of the applicable guidelines would result in an amount of child support that is inequitable given those special provisions.

The court may award an amount that is different from the amount that would be determined in accordance with the applicable guidelines on the consent of both spouses if it is satisfied that reasonable arrangements have been made for the support of the child to whom the order relates.

This text is not a legal opinion. No decision should be taken before you consult with a lawyer.