Child support

A court can order one spouse to financially support their children upon the application of either spouse.

• If an application for child support is made, the court can make a temporary order for child support while the application is being processed.

The court can make a child support order or interim order for a specific or indefinite period and can include additional terms and conditions as it deems appropriate and fair.

Deviations from standard support

Despite the guidelines, the court can deviate from the standard child support amount if there are special provisions in an order, judgment, or written agreement that benefit the child or if the application of the guidelines would result in an unfair child support amount given those special provisions.

If the court deviates from the guidelines in determining the child support amount, it must provide reasons for doing so.

Even without following the guidelines, the court can award a different child support amount if both spouses agree and the court is satisfied that reasonable arrangements have been made for the child's support.

In determining whether reasonable arrangements have been made for child support, the court considers the guidelines. However, the court does not consider the arrangements unreasonable solely because the agreed-upon support amount is different from the amount determined by the guidelines.

Spousal Support

A court can order one spouse to provide financial support to the other spouse upon the application of either spouse. The support can be in the form of lump sum or periodic payments, or a combination of both.

• If an application for spousal support is made, the court can make a temporary order for spousal support while the application is being processed.

When making a spousal support order or interim order, the court considers the condition, means, needs, and other circumstances of each spouse. This includes factors such as:

• the length of time the spouses lived together,

• the roles each spouse played during the relationship, and

• any existing orders, agreements, or arrangements regarding support.

Note: The court should not consider any misconduct of a spouse in relation to the marriage when making a spousal support order or interim order.

The primary objectives of a spousal support order or interim order are to:

• recognize any economic advantages or disadvantages resulting from the marriage or its breakdown,

• allocate financial responsibilities related to child care, alleviate economic hardships caused by the marriage breakdown, and

• promote the financial independence of each spouse within a reasonable period of time.

Canada Divorce Act s. 15.1-15.2