Does the amount of Child Support decrease in proportion to the number of children?


No, the Federal Child Support Guidelines provide a formula for child maintenance that does not equate to the number of children. For example, if you are paying $600.00 per month in child maintenance for three children the guideline amount for only two children will not be $400.00 per month.


Who pays for children’s medical and dental expenses?


Usually the spouse who is receiving child maintenance will be responsible to pay for the children’s Medical Services Plan. Any medical or dental expenses beyond what MSP covers are special expenses and are paid by both spouses in proportion to their gross annual incomes.


Can I waive child maintenance?


Child maintenance is the right of the child and cannot legally be waived by a parent. You can enter into a separation agreement where child maintenance is waived but a court could overturn this agreement in the future.


Who gets the Child Tax Benefit if we have shared parenting?


If you have a shared parenting arrangement Revenue Canada will split the Child Tax Benefit equally between the parents and each parent will receive it for six months of the year.


What happens if I receive property as a gift or an inheritance after separation?


Any property which you receive after separation is your separate property and does not need to be shared with your spouse.


What happens to Canada Pension Credits?


Your Canada Pension Credits will be split equally with your spouse from the date you begin living together to the date you separated unless you and your spouse sign a separation agreement saying that they will not be split.


Who keeps life insurance after separation?


Life insurance is often used to secure child maintenance and spousal maintenance payments. One spouse will designate the other as beneficiary for so long as child maintenance or spousal maintenance is being paid. Sometimes spouses agree to each designate a third party as trustee to receive the life insurance trust for the children.



Deborah A. Todd
Deborah A. Todd