Changes to the Federal Child Support Tables come into force on December 31, 2011. The effect on existing child support obligations will vary depending on income levels and the effect of federal and provincial or territorial tax rules.
The updated tables will not lead to automatic changes in the child support amount paid pursuant to existing court orders or agreements. However, either parent can apply to court to have the order changed, if the Federal Tables were used to determine child support oblgiations and the updated tables would change the amount of child support payable. If support obligations are paid by written agreement, a new agreement may be negotiated or a court order sought to vary the existing support obligations to reflect the new Table amounts. The Kelowna Provincial Famly Court in British Columbia also offers a Support Recalculation Service, for orders registered in that program.
Amounts owing for the period prior to December 31, 2011 are still payable pursuant to the 2006 Federal Tables.
A parent registered with a Family Maintenance Enforcement Program should notify the Program if an order or agreement respecting child support is changed as a result of the revisions.
The revised Tables and a lookup tool are available at the following Department of Justice Link: http://www.justice.gc.ca/eng/pi/fcy-fea/lib-bib/tool-util/apps/look-rech/index.asp.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
