- A spouse applying for child support must give income documents, including the three most recent income tax returns.
- The usual starting point is the table amount for the payer's income and number of children, plus any special or extraordinary expenses.
- An Originating Application raising child support is automatically forwarded to Family Justice Services, which is free and offers mediation.
Income is at the centre of a child support claim in Newfoundland and Labrador. The table amount depends on the paying parent's annual income and the number of children, and special expenses or shared parenting can also change the result. Both sides therefore need to show what they earn, and they need paper to back it up.
This guide explains which documents are expected, why they matter, which rules change depending on income or parenting time, and where a claim goes. It is general information, not advice on your own case.
This article covers the law of Newfoundland and Labrador.
What the rules require you to provide
Under the Federal Child Support Guidelines, a spouse applying for support must give income documents, including the three most recent income tax returns. The respondent must provide documents within 30 days of service if living in Canada or the United States, or within 60 days if living elsewhere.
Beyond the tax returns, which other records you should gather depends on your situation, so it is worth confirming the list with a lawyer or the court office.
- Your three most recent income tax returns
- A short list of questions about your income records to raise with a lawyer or the court office
- Any other proof of current income that a lawyer or the court office suggests
- Notes on child care, insurance or education costs, since special or extraordinary expenses may add to the amount
- The date you were served, so you can count your deadline
Why income drives the amount
The presumptive child support order is the amount in the applicable table plus any amount for special or extraordinary expenses under section 7. The table amount depends on the payer's annual income and the number of children.
The applicable table is generally the one for the province where the paying spouse habitually resides when the application is made, so a paying parent living in Newfoundland and Labrador uses the Newfoundland and Labrador table. Each province has its own table because tax rates differ.
Rules that depend on income level
- Below $12,000 of annual income, no table support is payable.
- The tables run in $1,000 income steps up to $150,000.
- If the payer's income is over $150,000, the court uses the table amount or, if that is inappropriate, the table amount for the first $150,000 plus an amount it considers appropriate for the balance.
The table amounts assume child support is not taxable to the recipient or deductible by the payer. Updated tables took effect on October 1, 2025, so use the Schedule I version dated 2025-10-01 for current Newfoundland and Labrador amounts. The Justice Canada look-up tool states it is based on the November 22, 2017 tables, so do not rely on it alone.
What can change the amount
| Situation | What the Guidelines say |
|---|---|
| Shared parenting | If each spouse has at least 40% of parenting time with a child over a year, the court considers each spouse's table amounts, the increased costs of shared parenting and each parent's circumstances. |
| Split parenting | Each parent pays the table amount for the children with the other, and the difference is paid. |
| Special or extraordinary expenses | An additional amount may be allowed for things like child care, insurance premiums and education. |
| Undue hardship | A different amount may be set where a spouse or child would otherwise suffer undue hardship. |
| Adult children | Section 3(2) deals with children of the age of majority or over. |
These adjustments are fact-heavy, which is another reason accurate income records matter.
Where to file and what to do next
Where you file a child support claim depends on where you live in the province. In the East Coast and West Coast judicial areas, the Family Division of the Supreme Court has exclusive jurisdiction over family matters such as child support and parenting. In areas where the Family Division does not operate, the General Division of the Supreme Court also exercises jurisdiction over some family matters. In the expanded service area (Holyrood to Port Blandford, including the Bonavista Peninsula), residents can choose either the Family Division or the Provincial Court for support applications under the Family Law Act and parenting orders under the Children's Law Act. Which route applies to you depends on where you live, so it is worth confirming with the court office or a lawyer.
When an Originating Application raising a child support or parenting issue is filed with the Supreme Court, it is automatically forwarded to Family Justice Services. Both parties can also sign and submit a Request for Service to the nearest FJS office.
Family Justice Services helps families resolve parenting and child support issues outside the courtroom, offers mediation and parent education sessions, is free, and does not provide legal advice. Services are for residents of Newfoundland and Labrador.
- Gather your three most recent tax returns and other income records
- Note any service date and count 30 or 60 days from it
- Look up the Schedule I table dated 2025-10-01, not only the look-up tool
- Consider contacting Family Justice Services
- Speak with a lawyer if your income is irregular, over $150,000 or parenting time is shared
Frequently asked questions
How many tax returns do I need to provide?
A spouse applying for support must give income documents, including the three most recent income tax returns. Other documents may be needed depending on how you earn income, so confirm with a lawyer.
How long does the other parent have to respond with documents?
The respondent must provide documents within 30 days of service if living in Canada or the United States, or 60 days if living elsewhere.
Is child support paid if the payer earns under $12,000?
No table support is payable below $12,000 annual income. Other parts of the Guidelines, such as special expenses, may still be raised, so a lawyer can confirm your situation.
Does Family Justice Services give legal advice?
No. It offers mediation and parent education sessions, is free, and does not provide legal advice.
Sources
- Federal Child Support Guidelines, SOR/97-175 — Justice Laws (federal)
- Federal Child Support Guidelines, Schedule I (version in force 2025-10-01) — Justice Laws (federal)
- Department of Justice Canada – Child Support Table Look-up — justice.gc.ca
- Supreme Court of Newfoundland and Labrador – Family Division Jurisdiction — court.nl.ca
- Supreme Court of Newfoundland and Labrador – General Division Jurisdiction — court.nl.ca
- Supreme Court of Newfoundland and Labrador – Family Justice Services — court.nl.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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