How do I change child support if my income changes in Nova Scotia?
This answer covers the law of Nova Scotia.
If the payor's income goes up or down, the table amount of child support can change, because table support is based on the payor's annual income, and the court may look at that income over the last three years. For a child under the age of majority, the amount is the table amount for the payor's province plus any section 7 amount.
Income is determined under sections 15 to 20 of the federal Guidelines, starting from "Total income" on the T1 General. The court may look at income over the last three years and may impute income it considers appropriate. So gather your recent T1 General returns and other income records. Section 7 amounts such as child care or medical costs are shared in proportion to the parents' incomes, so an income change can affect those.
How to start a variation, what proof the court will want, and the date a change takes effect depend on your order and your circumstances, so confirm them with a lawyer before changing what you pay. If your order is enrolled with the Maintenance Enforcement Program, it can garnish wages and bank accounts.
Key takeaways
- Table child support is based on the payor's annual income.
- Income is determined under sections 15 to 20 of the federal Guidelines, starting from the Total income on the T1 General.
- The court may look at income over the last three years and may impute income it considers appropriate.
- Section 7 expenses such as child care and certain medical costs are shared in proportion to the parents' incomes, so an income change can affect them too.