Introduction: How to calculate child support and alimony in Quebec?
Are you confused about how t0 calculate child support in Quebec? You’re not alone! This short practical guide to the calculation of child support in Quebec will answer the most frequently asked questions about child support. Nevertheless, it is not a substitute for the advice of a lawyer or the determination of alimony by a lawyer! Though we will try to explain child support in simple terms, this subject is incredibly complicated. Should you have a hard time understanding or wish to have professional assistance or tailored legal advice, please contact our family law team or any other family lawyer you know and trust.
From the outset, it is important to distinguish between two types of family alimony or support in Quebec: child support and spousal support. Both intervene post-separation but have very different application criteria! Child support is mandatory when two parents separate whereas family alimony between spouses is typically requested to compensate the income differential between spouses after a divorce or dissolution of their civil union.
A distinction must also be made between the Quebec provincial child support system, which applies when both parents reside in Quebec, and the federal system, which applies in the context of divorce when one of the parents does not reside in Quebec. Under the provincial system, you must complete the Schedule I form for determining child support. You can find all the Quebec form templates on the Government of Quebec website. For the federal system, the Federal Child Support Guidelines Table should be used. We will only discuss the method of calculating child support under Quebec rules in this article. For the federal plan, we invite you to consult a lawyer or stay in tune for future articles!
Child support is a set amount of money to support the child that the non-custodial parent must pay to the custodial parent. In the context of shared custody, one parent will pay child support to the other parent based on the result of the calculation, influenced by income and custody time.
Factors influencing the calculation of child support:
- The income statement of each parent is the main tool for calculating child support!
When we talk about income, we mean:
- The gross salary of each parent;
- Commissions and gratuities, if applicable;
- Net business or self-employment income, if applicable;
- Employment Insurance and parental insurance benefits, if applicable;
- Third party support received in a personal capacity, if applicable;
- Retirement, disability or other benefits, if applicable;
- Interest and dividends and other investment income, if any;
- Net rents, if applicable;
- Other income, if applicable.
It is important to note that family-related government transfers, last-resort financial assistance benefits, and amounts received under educational assistance programs granted by the Minister of Education, Recreation and Sports are not considered “income” for the purposes of the calculation. therefore, they should not be included in the Schedule I Form.
- There is a basic deduction applicable to each calculation of child support in Quebec: It is important to understand that this amount, which varies each year, is deducted from the amount you have to pay in child support. As of January 1, 2025, this basic deduction is set at $13,575.
- There are also other deductions that are taken into account in the calculation of child support; the deduction for union dues and the deduction for professional dues.
In order to calculate each parent’s disposable income, the deductions listed above are subtracted from the annual income.
- The number of children shared by the parents concerned by the application is also an important component in the calculation of child support. The number of children will be important when the basic parental support contribution is determined using the following tool: the Basic Parental Support Contribution Determination Table.
- Special expenses and other similar expenses are additional expenses in addition to the basic parental child support “Special expenses” are exceptional expenses that are necessary to meet the specific needs of children, but that are not normally required as childcare expenses. For example, specialized medical expenses such as orthodontics, training costs for certain competitive sports and private schooling can be “Special expenses”. The basic costs of feeding, housing and clothing the children are already included in the calculation and are not “special expenses” but normal childcare costs. Distinguishing between special expenses and “ordinary” custody expenses is a thorny issue, often determined on a case-by-case basis. It’s a good idea to consult a family law lawyer to get to the bottom of it.
These “Special expenses” include:
- Net Child Care Expenses: This category covers expenses incurred for the custodial parent to be employed, receive any form of training, or arrange for child care due to the child’s medical condition
*Reminder: The annual child care fees required to meet the child’s needs are already included in the amount of the basic parental support contribution.
- Net post-secondary education costs: This category covers the child’s transportation or accommodation costs
*Note: It is important to note that tuition fees as well as fees related to teaching materials are included in the amount of the basic parental support contribution.
- Net Special Expenses: This category usually covers specialized medical expenses, expenses related to elementary or secondary education in private schools or any other specialized educational program, as well as expenses related to extracurricular activities
- The custody time is also a factor taken into account in the calculation of child support: The amount of alimony will vary depending on the type of custody and the duration of custody.
The Table for the Determination of Child Support Payments
The amount of the basic parental support contribution is set according to the parents’ disposable income and the number of children. For example, parents with a common disposable income of $167,000 and 2 children in common will have a basic annual support contribution for the child of $19,440.
*For more details, you can consult the government table produced for this purpose that you can find on the internet, the Table for the Determination of the Basic Parental Support Contribution.
The Child Support Calculator: How to Use Online Tools
Family law lawyers are trained to calculate child support and fill out child support forms manually or with advanced computer tools. The Quebec government also offers a tool to estimate the amount of child support, but it should be noted that this tool does not replace the mandatory Schedule I form that you will still need to fill out.
Enforcement and collection of alimony
The application for child support can be made amicably if the parents agree, or by judicial application to the competent court. If you already have a separation agreement or judgment that you want to formalize or modify, you may be able to benefit from the Homologation Assistance Service (HAS).
The alimony will be collected either automatically or by agreement between the spouses. We invite you to consult this article from Éducaloi to understand how the collection of child support works.
You can consult a lawyer to assist you in all these steps.
Child Support Adjustment and Parental Obligations
It is important to know that child support payable in the form of a pension is indexed by operation of law on January 1 of each year, according to the annual pension index established in accordance with section 119 of the Act respecting the Québec Pension Plan. The purpose of this is indexation to maintain the real monetary value of the child support resulting from a judgment.
Moreover, parents have the obligation to keep each other informed of the state of their respective incomes. For example, a parent who changes jobs and has a new income is required to inform the other parent.
Furthermore, a parent may, by making a request to the other parent, and this maximum once a year, request the other parent’s statement of income and ask him or her to provide the documents prescribed by the rules for calculating child support.
It should be noted that the court may decide otherwise.
It is important to note that the failure to comply with these child support obligations has major consequences for the offending parent. More specifically, in addition to forced payment of child support and court costs, the offending parent may be compelled to pay damages for the harm suffered by the other parent, in particular to compensate for the professional fees of his or her lawyer and the disbursements he or she has incurred.
Review process: When and how to request a child support review
Normally, child support is adjusted with indexation and annual information sharing by the parents.
If a major change occurs in the situation of the parents (e.g., a significant change in your income or that of the other parent) or that of the child (e.g., a significant change in special expenses), you can request a review of the child support that can be done by legal action at the competent court if there or with the Administrative Service for the Adjustment of Child Support Payments (SARPA) if both parties can agree on the child support. You guessed it, the second administrative option is cheaper and a real time saver if both parents can agree to it.
Conclusion: calculating child support in Quebec is much easier with the assistance of a lawyer!
To conclude, although the child support determination form (schedule I) is available on the Internet, it is always encouraged and advisable to consult a lawyer in order to have personalized advice tailored to your situation and calculate child support with minimal mistakes.
The family law lawyers at Boavista Legal Services will be happy to assist you with the calculation of child support, family alimony or any other family law needs. Contact us now to make an appointment!
To learn more about our other family law services, visit our Family Law page.
Disclaimer – This article is intended to inform and raise public awareness of key legal issues. The legal information in this article is provided for informational purposes only and is likely to vary significantly over time and according to the precise facts of each situation. This article is not a substitute for a lawyer’s legal opinion and does not engage the liability of Boavista Legal Services Inc., its lawyers, articling students, employees, successors and subcontractors.