Family Law
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What is Family Law?
The Legal Services Board of Nunavut offers family legal aid in the areas of custody, access, child support, spousal support, child welfare, welfare protection, exclusive possession of the matrimonial home, restraining orders under the Children’s Law Act and the Family Law Act, and proceedings under the Maintenance Orders Enforcement Act.
In some circumstances, legal aid may be provided under the Adoption Act, the Aboriginal Custom Adoption Recognition Act, and in child representation matters.
Child Support Basics in Nunavut
What is child support?
Both parents are supposed to help financially support their children. When parents separate, they need to make sure that their children are taken care of. This money is called “child support”. The money is the right of the child – you need to support your children.
Who pays child support?
Usually, child support is paid by a person who spends less time with their child to the person who the child lives with. The person who pays child support is called the “payor parent”.
If your child lives with both parents for about the same amount of time, the person who earns more money pays child support.
“Parents” are not just biological parents. A parent can be an adoptive parent, and sometimes even a step-parent. A lawyer can help decide if you should have to pay child support.
When should a parent start paying child support?
Once you separate from the other parent, the obligation to start paying child support starts immediately. You have a responsibility to support your children, even if there is no court order. If an order for you to pay child support is made later, you will get credit for any child support you have paid. You should keep proof of payments (i.e. EMT receipts, receipts for payments in cash).
If you start paying when you separate, this also means that you will not likely have to pay large amounts in back payments for child support.
Even if you do not know how much support you should pay, you should look at the child support tables and make your best guess.
You can use this online tool to figure out how much child support you should be paying based on your income: https://www.justice.gc.ca/eng/fl-df/child-enfant/2017/look-rech.aspx
How much child support will I pay?
The amount of child support paid is set by the Government. The Government has Guidelines that tells a person how much they should have to pay in child support. This is called the “table amount”. The amount is based on:
• Where the paying parent lives
• How much the paying parent earns
• How many children there are
Generally, the more a person earns, and the more children you have together, the more they will have to pay in child support.
You can use this online tool to figure out how much child support you would likely receive: https://www.justice.gc.ca/eng/fl-df/child-enfant/2017/look-rech.aspx
What if I don’t know how much the payor parent earns?
The payor parent is required to disclose and tell you how much they have earned in the last three years. If the payor parent does not provide this information, a court can order them to provide it.
The court can also order the person’s employer to tell the court how much the person earns.
If you do not know where the person works and they have not told you their income, you can ask the court to make up a reasonable income that they would likely earn. You will need to provide reasons for why you think the amount is reasonable. This is called “imputing income”. Child support will be based on this number instead.
What happens if I can’t pay the table amount of child support?
A judge can make an order that you should pay less than the table amount. You will need to make a hardship claim, which is very difficult and rare. You will need to show that the amount of support you need to pay is “excessive, exceptional, or disproportionate” and will cause problems for you to pay. If you want to make a hardship claim, we suggest that you speak to a lawyer.
The other parent is receiving the Child Tax Benefit. Do I still need to pay child support?
Yes. You will still be required to pay child support even if the other parent is receiving the child tax benefit.
Can I get child support to help cover extra expenses?
You may have extra expenses for your children, like sports, daycare, school trips, or medical costs. These are called “special or extraordinary expenses”.
You may be able to share these expenses with the other parent if they are reasonable (i.e. both parents can afford it), and paying the cost is in the child’s best interests.
These costs are usually shared by the parents based on their income. For example, if you earn more money than the payor parent, you may be required to pay a bigger portion of the expenses.
How do I apply for child support?
You can get child support by either signing an agreement with the other parent, or by applying for a court order. A lawyer can help you write the agreement, or they can help you start a court application. If you qualify, Nunavut Legal Aid can give you a lawyer to help you apply for child support.
How do I pay child support?
There are two options – you can either pay the other parent yourself, such as using EMT, or you can register with the Family Support Office.
Either parent can register with the Family Support Office (FSO). The FSO will collect money from the payor parent, either from your paycheque or social assistance deposit, and then they will send it to the other parent. The FSO can also take money from a payor parent’s income tax return if they owe child support and have fallen behind on payments. More information about the FSO can be found here: https://nupli.ca/index.php/familysupport-2
Can I pay my child directly?
No. You must pay the other parent directly unless a court tells you to do something differently. If you have concerns about the other parent using child support wrongly, we recommend you speak with a lawyer.
If I stop paying child support, can I still see my child?
A parent cannot be stopped from seeing their child only because they have not paid child support. If this is happening to you, we suggest that you apply for Legal Aid and speak with a lawyer.
I don’t see my child, do I still have to pay child support?
Yes. Child support is the right of the child, meaning that your child is entitled to receive it whether you spend time with them or not.
How long do I have to pay child support?
Child support must be paid while the child is a dependent. Usually, this means until they are 19 years old, but if your child gets married before that age, they are no longer a dependant.
Sometimes a child over 19 is still a dependent. This could be because they have a disability or illness, or they are still going to school.
I got a child support order a long time ago, can I change it?
In some cases, child support can be recalculated. This can happen if the payor parent makes more or less than they did when the order was made. It can also happen if you have multiple children, and one or more of those children is no longer a dependent.
If you want to recalculate child support, you will need to go back to court to get a new order. You can apply to Legal Aid to have a lawyer help you.
I separated from the other parent a while ago, and they never paid child support. Can I get them to pay child support for those years?
It may be possible to ask a court to order child support for years where the other parent did not pay any support. This is called “retroactive child support”.
Do not wait to decide if you should ask for child support! A lawyer can help you decide whether you should apply for retroactive child support, and will be able to give you advice on whether you have a good chance of getting retroactive child support.
A court will decide if you should get retroactive support by considering:
• Why you waited to ask for support
• How the other parent has behaved
• How your child has been affected
Typically, courts will go back three (3) years from the date when you applied for child support. It may be possible to go back farther if it’s appropriate in the circumstances.
Retroactive child support may either be paid in a single payment, or if the other parent cannot afford to pay it all at once, it may be in installments.
Do I pay tax on child support I receive?
No, you will not pay tax on any child support you receive from the payor parent.
Can I get a tax deduction from paying child support?
No, you cannot get a tax deduction because you pay child support.
