- The starting point is the table amount for the number of children, the paying parent's province of residence and the paying parent's income, plus any special or extraordinary expenses.
- Income is usually taken from the Total income line of the T1 General tax return, but the court can look at other years or impute income in some cases.
- Shared parenting, split parenting and undue hardship can all move the figure away from the plain table amount.
When you separate, one of the first practical questions is how much child support will be paid. Many parents expect a negotiation from scratch, but the starting point is much more structured than that.
This article walks through how the federal Child Support Guidelines work in New Brunswick, what goes into the calculation, and the situations where the final figure can differ from the basic table amount.
This article covers the law of New Brunswick.
The basic rule: a table amount plus extras
Under the Federal Child Support Guidelines, the presumptive rule is that the child support order is the amount in the applicable table for the number of children and the paying parent's province of residence and income, plus any special or extraordinary expenses.
In plain words, the table is a chart. You look up the paying parent's income and the number of children, and the chart gives a monthly amount. Extra costs such as child care can then be added on top. Because the rule is presumptive, it is where the analysis begins, and it applies unless one of the exceptions below fits your situation.
The calculation step by step
- Step 1: Work out the paying parent's annual income. The Guidelines use the Total income line of the T1 General tax return, adjusted under Schedule III.
- Next, identify the number of children and the province where the paying parent lives.
- Step 3: Find the matching table amount for that income, number of children and province.
- Then add any special or extraordinary expenses that qualify under section 7 of the Guidelines.
- Finally, check whether a special situation applies, such as shared parenting, split parenting or undue hardship.
Spouses can also agree in writing on what income to use, and the court can accept that agreement if it finds it reasonable. Either way, the numbers should be backed by tax documents, so it helps to have them in hand early.
What can change the figure
| Situation | What can happen |
|---|---|
| Last year's income is not a fair picture | The court can look at the last three years. |
| A parent is intentionally under-employed or unemployed, or claims unreasonable expense deductions | The court can impute the income it considers appropriate. |
| Child care, medical or dental insurance premiums, post-secondary education | These can be added to the table amount as special or extraordinary expenses. |
| Each parent has the child at least 40% of the year | The court must consider the table amounts for each parent and other factors, not a simple set-off. |
| Each parent has the majority of time with one or more of two or more children | Support is the difference between the amounts each would pay under the tables. |
| Undue hardship for a spouse or child | The court can depart from the table amount, but the claim must be denied if the claiming household would have a higher standard of living. |
On extra expenses, extracurricular costs count only if they are extraordinary, so ordinary activity fees will not usually be added.
Child support and spousal support together
If both child support and spousal support are claimed in a divorce proceeding, the court must give priority to child support. That does not mean spousal support disappears, but it does mean the child support figure is dealt with first.
Getting paid and what to do next
Support orders made in New Brunswick are automatically filed with the Office of Support Enforcement (OSE), and the recipient has eight days after the documents are sent to opt out and receive payments directly. A person who is not enrolled can opt in at any time, and either side can later apply to withdraw.
If payments stop, OSE tools escalate. They include garnishing wages, pensions, tax refunds, GST credits and bank accounts, credit bureau reporting if over three months is owing, and driver's licence suspension if over four months is owing.
- Gather your last few years of tax returns and notices of assessment, and the other parent's if you have them.
- Collect receipts for child care, insurance premiums and any education costs.
- Write down the actual parenting schedule, including overnights.
- Speak with a lawyer if income is unclear, self-employment is involved or a shared schedule is in play.
Frequently asked questions
Is child support in New Brunswick a fixed percentage of income?
No. The presumptive rule is the amount in the applicable table for the number of children and the paying parent's province of residence and income, plus any special or extraordinary expenses. The table amount rises with income, but it is looked up rather than worked out as a flat percentage.
What income is used if the paying parent is self-employed or has changing income?
The Guidelines start with the Total income line of the T1 General, adjusted under Schedule III, and the court may look at the last three years if one year would not be fair. It can also impute income where a parent is intentionally under-employed or claims unreasonable expense deductions.
Can we agree on a different amount between ourselves?
Spouses can agree in writing on income, and the court may accept that if it finds it reasonable. A support provision in an agreement is not necessarily final either, because the Court can set aside a provision for support, or a waiver of the right to support, where it results in unconscionable circumstances. Whether a particular agreement on the amount would hold up depends on your situation, so it is worth confirming with a lawyer before you sign.
What if the other parent does not pay?
Orders made in New Brunswick are automatically filed with the Office of Support Enforcement unless the recipient opts out within eight days. Its tools include garnishment of wages and bank accounts, and driver's licence suspension if over four months is owing.
Sources
- Divorce Act (Justice Laws) — Justice Laws (federal)
- Family Law Act, SNB 2020, c. 23 — laws.gnb.ca
- Federal Child Support Guidelines — Justice Laws (federal)
- Government of New Brunswick – Child and spousal support — gnb.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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