Child support is money that a parent pays to help support their child after a separation or divorce.
Child support guidelines calculate how much a parent should contribute toward the support of their children. The amounts are based on:
- the paying parent's level of income;
- the number of children; and
- where the paying parent lives.
In some unusual circumstances, the table amounts may not apply. In all situations, however, the guidelines are designed to:
- protect the best interests of children;
- reduce conflict between parents about child support; and
- ensure that child support is fair, predictable and consistent.
Who uses the federal guidelines?
If parents are divorced, the Federal Child Support Guidelines apply. These are regulations under the Canada Divorce Act.
Who uses the Yukon guidelines?
The Yukon Child Support Guidelines apply if parents:
- have never married;
- never lived together; or
- are separated but not divorced.
These are similar to the federal guidelines, and are regulations under the Family Property and Support Act.
Both guidelines use the Child Support Tables to figure out how much child support a parent living in the Yukon pays.
There are some minor differences between the 2 guidelines. The main difference is that some forms and procedures are different.
Navigating child support payments
How do I get an order for child support payments?
Apply
You need to apply to the court so that a judge can sign your order. There are 3 ways to do this.
Get the help of a family law lawyer who will look after the application for you.
- The Lawyer Referral Service can help.
- If you qualify for Legal Aid, you won't have to pay for the lawyer to help you get a temporary order.
Complete the application on your own.
- The Family Law Information Centre can help you to do this.
Agree with the other parent on the amount of support payments.
- Write a draft consent order that you both sign.
- Submit this draft consent order to the court.
- If a judge confirms the order, it will be legally enforceable.
You can also get help with preparing this agreement from the Family Law Information Centre.
I need to change the amount of the payments on my child support order
You will need to make a court application to change the order. The Family Law Information Centre can help you complete the application if it's an easy calculation.
However, sometimes changing an order is a complicated legal issue. You might need a lawyer's help. If you qualify for Legal Aid, you might not have to pay for the lawyer.
What if the other parent and I agree about the amount of child support?
You and the other parent can:
- write up a draft consent order; and
- submit it to the court for a judge to review.
If the judge signs this consent order it becomes legally enforceable.
Calculating child support
How is the paying parent's income calculated
If the paying parent's income is from employment only, then their current gross income before deductions is used. Other rules apply if the paying parent is:
- self-employed,
- has investment income; or
- has a complicated income situation for some other reason.
Who pays child support when parents share custody equally
To qualify as "shared custody," each parent must have:
- physical custody or access to the children; and
- for at least 40 per cent of the time.
What affects the amount?
- The guideline table amounts will not automatically apply.
- The parents may agree on a child support amount.
- A court might award an amount that's higher or lower than the table amount.
- If 1 parent earns more than the other parent, the higher earner may need to pay a monthly amount to the other parent.
- The amount will also depend on any special expenses, and which parent pays most of these expenses.
Who pays child support if each parent has sole custody of 1 or more of their children (split custody)
Whether or not 1 of the parents will pay child support to the other will depend on their incomes.
- Determine how much child support each parent would pay for the child or children in the other parent's custody. This is based on:
- your income; and
- the guidelines' table amount.
- The parent who would pay the higher amount pays the difference between the 2 amounts to the other parent.
The amount may also depend on any special expenses and needs.
What to do about conflicts with child support
What if 1 parent is pressuring the other into an agreement they're not comfortable with
Don't proceed on your own if the other parent is pressuring you into an agreement using abuse, or threats of abuse, that are:
- physical,
- mental; or
- emotional.
Get help
Get assistance from:
- Legal Aid; or
- consult a lawyer.
They can represent your interests without threat from the other party.
What happens if the paying parent doesn't pay the support ordered
- Register the child support order with the Maintenance Enforcement Program (MEP).
- If the paying parent doesn't obey the order, MEP officers will try to enforce it.
What if the paying parent doesn't live in the Yukon
- Even if a parent lives outside the Yukon, they are responsible to financially support their child.
- The child support payment is based on the table amount for the province or territory where the parent lives.
- Child support orders can be enforced in other provinces and territories.
Use this service if you want to change the amount of child support you currently pay or receive.
- Instruction Guide
- Application Form (for the applicant)
- Response Form (for the respondent)
- Legal Representation or Agent Authorization
This optional and free service will help you keep child support levels inline with income. Not all child support court orders are eligible for this service.
Who can use this service?
To be eligible for administrative recalculation:
- the payor of child support must be a resident of the Yukon;
- both parents must have a valid court order that is eligible for recalculation under the Child Support Administrative Recalculation Act; and
- the existing court order must follow the Federal Child Support Guidelines.
A court order is not eligible for administrative recalculation when the order:
- is guided by reasoning other than the Federal Child Support Guidelines;
- involves payor income greater than $150,000;
- involves children who are older than the age of majority where the child resides; or
- declares an imputed parental income using information other than income tax.
The following federal resources can help guide you through child support:
The Yukon’s Children’s Law Act allows grandparents and other relatives to apply in court to:
- gain custody; or
- access to a child.
Relatives can do this as long as it's in the best interest of the child.
Helpful resources
- A Child's Right to Love Information for grandparents, relatives and others close to the child.
You can get a support order or change it when the other parent lives outside the Yukon. This means:
- a support or variation order will be where the other parent lives; and
- there won't be a court hearing in the Yukon.
Learn more by reading the Interjurisdictional Support Orders Act.
The act does not apply to:
- support orders under the federal Divorce Act; or
- when both parties live in the Yukon.
You should talk with a lawyer if either of these situations applies to you.
How to use this process?
We recommend that you get a lawyer to help you make an application under the Interjurisdictional Support Orders Act.
- Decide which forms you need. Read the Choosing Which Forms to Use information booklet. You can pick up the forms from the FLIC office, or we can mail the forms to you. If you need help, email flic@yukon.ca or phone: 867-456-6721, or toll free in the Yukon 1-800-661-0408 extension 5753.
- Additional Locate Information form
- Affidavit
- Form A.1 – Support Application
- Form A.2 – Support Variation Application
- Form A.3 – Support Application Under the Divorce Act
- Form A.4 – Support variation application under the Divorce Act
- Form B – Parentage
- Form C – Child Support Claim
- Form D – Request for Support Order (if respondent does not provide financial information)
- Form E – Request for Child Support Different than Child Support Table Amount
- Form F – Special or Extraordinary Expense Claim
- Form G – Request to Pay Child Support Different than Child Support Table Amount
- Form H – Support for Claimant/Applicant
- Form I – Financial information
- Form J – Child Status and Financial Statement
- Form K – Evidence to Support a Variation of a Support Order
- Form L – Respondent's Response to Application
- Complete the necessary forms.
- Submit the completed forms. In person: Family Law Information Centre (FLIC), ground floor, Andrew A. Philipsen Law Centre, 2134 Second Avenue in Whitehorse. Our office is open Monday through Friday from 9 a.m. to 4 p.m.
Mail:
Government of Yukon
Family Law Information Centre (J-FLIC)
Box 2703
Whitehorse, Yukon Y1A 2C6 - The FLIC office sends the forms to the designated authority in the jurisdiction where the other person lives.
- Before making a support or support variation order, the court in that jurisdiction will consider your application and the evidence of the respondent (the other person).
Not all other jurisdictions have this law in effect. You may need to provide the court with additional material.
For more information on child support, contact the Family Law Information Centre email: flic@yukon.ca, or phone: 867-456-6721, or toll free in Yukon 1-800-661-0408 ext.6721.