How Child Support Is Calculated in Saskatchewan: Table Amounts

Many separating parents want a straight answer to one question: how much child support will be paid each month? In Saskatchewan the answer usually starts with a set of tables, not with a negotiation from scratch.

This article explains how the tables work, what counts as income, and the situations where the amount is not simply the table figure. It cannot give you a number for your family, but it shows you how to find it.

This article covers the law of Saskatchewan.

Where the rules come from

Under the Divorce Act, child support orders must be made in accordance with the applicable guidelines. This applies to interim orders as well. The federal Child Support Guidelines set the method.

Child support often comes up alongside parenting and spousal support. In a divorce, orders for support and parenting can be heard by a court of the province where either former spouse is habitually resident when the proceeding starts, or where both former spouses accept that court's jurisdiction.

Parenting time matters because it can affect the method used. The Divorce Act defines parenting time as the time a child spends in the care of a person, whether or not the child is physically with that person the whole time. In Saskatchewan, the Children's Law Act, 2020 sets out decision-making responsibility and parenting time for unmarried parents and for married parents not seeking divorce.

The table amount plus extra expenses

The presumptive amount is the table amount for the paying spouse's province, plus any special or extraordinary expenses under section 7. The table used is that of the province where the payor habitually resides, with a different rule where the payor lives outside Canada.

In practice, you look up the payor's income in the table for the province and match it to the number of children. The Guidelines tables are published by the federal government, and an online calculator can help you find your figure. Check the result against the current tables.

Special or extraordinary expenses, such as child care, health and education costs, are shared in proportion to the spouses' incomes.

The table amount is the starting point, not always the final figure. Extra expenses can be added on top, and in some situations the court departs from the table, which the next sections explain. Because the payor's province and income drive the result, it helps to confirm both before you rely on any estimate.

What income counts

Income for child support is determined under sections 15 to 20 of the Guidelines. It starts from the Total income line on the T1 General tax form, adjusted under Schedule III. The court may look at the last three years of income.

The court may also impute income, for example where a parent is intentionally under-employed. That means the court can treat a parent as earning more than they actually do.

Because the starting point is a tax form, the figure is not always the same as what a parent earns today. This is why the court can look at the last three years of income and why good records matter. If income is unclear, how it would be treated depends on the facts, so it is worth confirming with a lawyer or accountant.

Helpful documents to gather include:

• Your tax returns (T1 General) for the last three years
• Notices of assessment
• Recent pay stubs or an employer letter
• Business financial statements, if you are self-employed
• Receipts for child care, health and education costs

When the amount is not the straight table figure

Shared parenting changes the method. When each parent has at least 40% of parenting time, the court does not simply use one parent's table amount. It uses the tables for each parent, adds the increased costs of shared care, and looks at each parent's circumstances.

These are exceptions to the general rule, and they depend on the facts. A lawyer can help you work out whether one applies to you.

Resolving support without a court fight

Courts expect parents to try to resolve family issues outside a courtroom where that is appropriate. Under the Divorce Act, parties shall try to resolve the matters that may be the subject of an order through a family dispute resolution process, to the extent appropriate. Since July 1, 2022, family law matters coming to court anywhere in Saskatchewan are required to attempt a family dispute resolution process by the close of pleadings before continuing with further court proceedings.

There is an exception. A person can apply to the court for an exemption from this requirement where there has been interpersonal violence, the other parent has abducted a child, or there is other urgency.

Parents who have not fully agreed on parenting must complete a parenting course. Saskatchewan's Parenting After Separation Program has two online courses, one standard and one for high-conflict families, in English and French.

What to do next

• Gather income documents for the last three years.
• Estimate the table amount using the payor's income and the number of children.
• List child care, health and education costs that may be shared.
• Note how parenting time is divided, since 40% or more for each parent changes the method.
• If your divorce is uncontested, ask the Family Law Information Centre about the Court of King's Bench Self-Help Divorce Kit.
• Get legal advice if income is hard to determine or an exception may apply.

If you need to change an existing order later, a court may vary a support order.

Frequently asked questions