How Is Child Support Calculated in Manitoba?

If you are separating, one of the first money questions is what child support will look like. The good news is that Manitoba uses a formula-based approach, so the starting point is far more predictable than many people expect.

This article walks through how the basic amount is set, how income is worked out, what extra costs can be added, and the main situations where the usual approach changes. It explains how things generally work. Your own facts can change the outcome, so a lawyer can confirm how the rules apply to you.

This article covers the law of Manitoba.

The rules that apply in Manitoba

Manitoba's child support guidelines are the Manitoba Child Support Guidelines Regulation, M.R. 52/2023, made under The Family Law Act. It was registered May 26, 2023 and has been in force since July 1, 2023, when that Act came into force.

Many older articles and commercial sites still refer to the old Family Maintenance Act. Treat anything that relies on that Act as possibly out of date.

The Manitoba regulation does not set its own dollar tables. Schedule I adopts the current federal tables for the purposes of the guidelines. The federal Guidelines also say their objectives include a fair standard of support for children, less conflict between spouses and consistent treatment of similar cases.

The basic amount: the table

For a child under the age of majority, the presumptive amount is the table amount for the paying parent's income and the number of children, plus any special or extraordinary expenses under section 7. Manitoba government guidance says the basic amount depends on the paying parent's pre-tax income and the number of children.

Which table is used depends on where the parent against whom the order is sought habitually resides. Under section 3(3), it is the table for that province, with exceptions for parents living outside Canada.

This article gives no dollar figures. To see an amount, check the current federal tables and the Justice Canada calculator, and make sure the table you use is the current one.

How the paying parent's income is found

Income is determined under sections 15 to 20 of the federal Guidelines. The usual steps and adjustments are:

• Start with the Total income line on the T1 General tax form, adjusted under Schedule III.
• Where the standard figure would not be fair, the court can look at the last three years.
• If a parent is intentionally under-employed, the court can impute income, meaning it can treat the parent as earning more than they actually report.

Because income drives the amount, accurate income information matters. A payor who has a child support order must give updated income information on written request.

Extra expenses and the main exceptions

Section 7 allows add-ons beyond the table amount. Manitoba guidance lists examples such as childcare, health, education and extracurricular activities. These expenses are shared in proportion to each parent's income above the level below which no table support is payable.

Shared parenting is a topic of its own. Under section 9 the court considers both parents' table amounts, the increased costs of shared parenting and each parent's circumstances, and the usual starting point is a set-off of the two table amounts. See our separate article on 50/50 parenting and child support for more.

Parenting time and support are separate

Manitoba government guidance says there is no legal connection between whether a parent has parenting time and whether child support is paid. How this applies to a particular dispute depends on your situation, so it is worth confirming with a lawyer.

Parenting time does matter in one way: the percentage of time a child spends with each parent decides whether the shared or split parenting rules come into play. Below 40%, section 9 does not apply and the ordinary table amount is used.

What to do next

Gather your financial paperwork early. Manitoba Child Support Service guidance asks for the last three years of filed income tax returns with Canada Revenue Agency Notices of Assessment, current pay or benefit statements, and a completed Financial Statement.

• Collect three years of tax returns and Notices of Assessment.
• Gather recent pay stubs or benefit statements.
• Note the actual parenting schedule and any childcare, health, education or activity costs.
• Look up the current federal table and try the Justice Canada calculator for an estimate.
• Speak with a lawyer if your income is over $150,000, a stepparent is involved, or parenting time is split or shared.

Frequently asked questions