- Basic child support is the table amount for the payor's province plus any extra expenses the court adds.
- The starting point for income is the payor's 'Total income' on the T1 General tax return.
- Shared parenting, split parenting and undue hardship can change the usual result.
Many parents want a realistic figure before they talk to the other parent or to a lawyer. In Nova Scotia, child support follows a formula-based approach, so you can understand the steps even if the final number is set by an agreement or a court.
This article walks through those steps in order. It does not quote dollar amounts, because the table changes over time and you should always check the current version before relying on a figure.
This article covers the law of Nova Scotia.
Step 1: Find the right table
For a child under the age of majority, the support amount is the table amount for the payor's province, plus any special or extraordinary expenses (called section 7 amounts). Nova Scotia's Provincial Child Support Guidelines adopt Schedule I of the federal Guidelines, using the table of the province where the payor ordinarily lives.
That means the payor's home province matters more than where the child lives. If the payor lives in Nova Scotia, you read the Nova Scotia table. If the payor lives elsewhere, a different table may apply, and a lawyer can confirm which one.
Step 2: Work out the payor's income
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' line on the T1 General tax return.
Two points often surprise people. The court may look at income over the last three years. The court may also impute income, meaning it can treat the payor as earning an amount it considers appropriate, even if their actual income is lower.
- The payor's most recent T1 General returns and notices of assessment
- Recent pay stubs or an employer letter
- Records of any self-employment or other income
- Anything that might explain a change in income from year to year
Step 3: Read the table
Once you have the income figure, you look it up in the table for the province where the payor ordinarily lives, which for a Nova Scotia payor is Schedule I as adopted by Nova Scotia's Provincial Child Support Guidelines. The table is amended from time to time, so check the current version rather than relying on an old chart or a figure someone was given in the past.
Step 4: Add extra expenses and check for exceptions
On request, the court can add section 7 amounts for child care, the child's share of medical and dental insurance premiums, health-related costs above insurance of $100 or more a year, extraordinary school costs, post-secondary education and extraordinary extracurricular activities. These are shared by the parents in proportion to their incomes, after deducting any contribution from the child, and the court must take into account subsidies, benefits, and tax deductions or credits for the expense.
| Situation | What changes |
|---|---|
| Each parent has the child at least 40% of the time over a year | The court considers each parent's table amount, the higher costs of shared parenting and each household's circumstances; it is not an automatic set-off |
| Two or more children, and 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, such as unusually high debts or access costs | The court may set a different amount, but the claim fails if the claiming household would have a higher standard of living |
| Child has reached the age of majority | The court may apply the Guidelines as if the child were a minor, or set an amount based on the child's condition, means and needs and each parent's ability to contribute |
Step 5: What to do next
Write down your estimate, then compare it with the current table and your documents. If you reach an agreement, ask a lawyer to check that it fits the Guidelines before you sign.
Once you have an order, you can enrol it with the Maintenance Enforcement Program, a free service that collects payments and passes them on. Enrolment is optional, but the program cannot enforce an order that is not enrolled.
Frequently asked questions
Which province's table do I use?
The table of the province where the payor ordinarily lives. If the payor lives in Nova Scotia, that is the Nova Scotia table.
What if the other parent says they earn less than they do?
The court may look at income over the last three years and may impute income it considers appropriate. The right approach depends on the evidence, so a lawyer can help.
Does shared parenting cancel out support?
Not automatically. Where each parent has the child at least 40% of the time over a year, the court considers both table amounts, the increased costs of shared parenting and each household's circumstances.
Can support be ordered for an adult child?
Sometimes. For a child past the age of majority, the court may apply the Guidelines as if the child were a minor, or set an amount based on the child's condition, means and needs and the parents' ability to contribute.
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)
- Nova Scotia Maintenance Enforcement Program — mep.novascotia.ca
- Nova Scotia Maintenance Enforcement Program — mep.novascotia.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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