- The basic amount is the table amount for the payor's province, plus any section 7 extras.
- Table support is based on the payor's annual income, starting from 'Total income' on the T1 General, and the court can look at three years or impute income.
- Shared parenting, split parenting, undue hardship and adult children can each change the usual approach.
You have just separated and you want a number. How much will leave your account each month, and what is it based on? It is a fair question, and the honest answer starts with how the system works rather than with a single dollar figure.
In Nova Scotia, child support follows the federal Child Support Guidelines and the provprovince's own matching Guidelines. This article explains the steps that produce the amount, what income counts, what extras can be added, and when the usual approach changes. It does not quote dollar amounts, because the table changes over time and should be checked at the source.
This article covers the law of Nova Scotia.
The basic rule: a table amount plus extras
For a child under the age of majority, the child support amount is the table amount for the payor's province, plus any section 7 amount. The payor is the parent who pays support. Nova Scotia's Provincial Child Support Guidelines adopt Schedule I of the federal Guidelines, and they use the table of the province where the payor ordinarily lives.
That last point matters if the two parents live in different provinces. The table that applies follows the payor, not the parent receiving support.
How your income is worked out
Table 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' figure on the T1 General tax return. The court may look at income over the last three years. It may also impute income, meaning it may treat a parent as earning an amount it considers appropriate, even if that is not what the parent actually reports.
In practice, this means a recent tax return and notice of assessment are the starting point. If your income changes a lot from year to year, or if you recently lost or left a job, the number is less simple, and a lawyer can help you understand how it may be viewed.
Once you know the payor's income, you look up the amount in the current Nova Scotia table. Check the current Schedule I table before relying on any figure, since it is amended from time to time.
Extras on top of the table amount
Section 7 of the Guidelines lets the court, on request, add amounts for specific costs. They are:
- Child care costs.
- The child's share of medical and dental insurance premiums.
- Health-related costs above insurance of $100 or more a year.
- Extraordinary primary or secondary school costs.
- Post-secondary education.
- Extraordinary extracurricular activities.
These expenses are shared by the parents in proportion to their incomes, after deducting any contribution from the child. The court must also take into account any subsidies, benefits, or tax deductions or credits relating to the expense. So the real cost to you of, say, daycare may be lower than the sticker price.
When the usual approach changes
The table amount is the starting point for most families, but there are recognized exceptions. A few of the main ones are below.
| Situation | What changes |
|---|---|
| Shared parenting (each parent has the child at least 40% of the time over a year) | The court considers each parent's table amount, the increased costs of shared parenting, and each parent's and the child's circumstances. It is not an automatic set-off. |
| Split parenting (two or more children, each parent has the majority of time with at least one) | The order is the difference between the amounts each parent would otherwise pay. |
| Undue hardship | A court can set a different amount if a parent or child would otherwise suffer undue hardship, such as unusually high debts or access costs, or duties to support others. The claim fails if the claiming household would have a higher standard of living than the other. |
| Child past the age of majority | The court may apply the Guidelines as if the child were a minor, or, if that is inappropriate, set an amount based on the child's condition, means and needs and each parent's ability to contribute. |
What to do next
Before you estimate anything, gather what the figure depends on. A lawyer can confirm how the current table and the exceptions apply to you.
- Your last three years of T1 General returns and notices of assessment.
- Recent pay stubs or business income records.
- A written list of child care, medical, school and activity costs that might fall under section 7.
- A rough record of how many nights each parent has the children across a year.
- Details of any debts, or other children you support, that you think affect your finances.
Then look up the current Nova Scotia table for the payor's income. If you and the other parent can agree on a number, it is worth having a lawyer check it before you sign, so you know how it compares with the table amount plus any section 7 amount.
Frequently asked questions
Does the payor's province or the recipient's province set the table amount?
It is the payor's. The amount is the table amount for the payor's province. Nova Scotia's Guidelines use the table of the province where the payor ordinarily lives.
Can the court use a different income than what I earn now?
Yes, in some cases. The court may look at income over the last three years and may impute income it considers appropriate. A lawyer can explain how this may apply to your work history.
Is child support the same as the table amount only?
Not always. The amount is the table amount plus any section 7 amount. Section 7 extras, such as child care or extraordinary activities, are added on request and shared in proportion to income.
What happens to child support when my child reaches the age of majority?
For a child who has reached the age of majority, the court may apply the Guidelines as if the child were a minor, or, if that is inappropriate, set an amount based on the child's condition, means and needs and each parent's ability to contribute. What happens in your case depends on the facts, so it is worth confirming with a lawyer.
Sources
- Provincial Child Support Guidelines (Nova Scotia) — novascotia.ca
- Federal Child Support Guidelines (SOR/97-175) — Justice Laws (federal)
- Federal Child Support Guidelines (SOR/97-175) — Justice Laws (federal)
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
Ask our Team for a quote. We reply by email.