Child Support Agreement (Canada)
This Child Support Agreement (the "Agreement") is made as of [Effective Date] (the "Effective Date") between the following parents:
[Payor Name], born [Payor Date of Birth], of [Payor Address] (the "Payor")
- and -
[Recipient Name], born [Recipient Date of Birth], of [Recipient Address] (the "Recipient")
(collectively, the "Parents")
RECITALS
A. The Parents are [Parent Relationship] and have been separated since [Separation Date].
B. The Parents have [Number of Children] child(ren) of the relationship, namely: [Children Details] (each a "Child" and collectively the "Children").
C. The Parents wish to establish the financial support obligations for the Children in accordance with the Federal Child Support Guidelines (SOR/97-175) made under the Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)) and the applicable provincial family law legislation of the Province of [Province].
D. Each Parent has made full and frank disclosure of their income, assets, and financial circumstances to the other Parent, and each Parent is satisfied with the disclosure received.
E. Both Parents acknowledge that the best interests of the Children are the paramount consideration in determining child support, and that this Agreement is intended to comply with the objectives of the Divorce Act and the Federal Child Support Guidelines.
NOW THEREFORE, in consideration of the mutual covenants and agreements herein, and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the Parents agree as follows:
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement: "Child of the Marriage" has the meaning ascribed to it in section 2(1) of the Divorce Act, and includes a child who is under the age of majority in the Province of [Province] or who is the age of majority or over but is unable, by reason of illness, disability, pursuit of reasonable education, or other cause, to obtain the necessaries of life. "Guidelines" means the Federal Child Support Guidelines (SOR/97-175) and any amendments thereto. "Table Amount" means the amount of child support set out in the applicable provincial table under Schedule I of the Guidelines for the Payor’s income and number of children. "Section 7 Expenses" means the special or extraordinary expenses described in section 7 of the Guidelines.
2. PARENTING ARRANGEMENT
2.1 The Parents acknowledge that the current parenting time arrangement is: [Parenting Arrangement]. The child support obligations set out in this Agreement are calculated based on this arrangement. If the parenting time arrangement changes materially, the Parents agree to recalculate child support in accordance with the applicable provisions of the Guidelines.
3. INCOME DISCLOSURE
3.1 Income of the Payor. The Payor declares that their current gross annual income from all sources is CAD $[Payor Income]. Income has been verified by the following documentation: [Income Verification].
3.2 Income of the Recipient. The Recipient declares that their current gross annual income from all sources is CAD $[Recipient Income].
3.3 Each Parent represents and warrants that the income disclosed above is a true and accurate statement of their income as determined in accordance with sections 15 to 20 of the Guidelines. Each Parent acknowledges that they have an ongoing obligation under section 25 of the Guidelines to provide complete and accurate income information, and that failure to disclose income accurately may result in the court imputing a higher income under section 19 of the Guidelines.
4. CHILD SUPPORT TABLE AMOUNT
4.1 Based on the Payor’s gross annual income of CAD $[Payor Income], [Number of Children] child(ren), and the applicable child support table for the Province of [Province] ([Table Version]), the monthly Table Amount is CAD $[Monthly Table Amount].
4.2 The Payor shall pay to the Recipient the sum of CAD $[Monthly Table Amount] per month as base child support, subject to annual review and adjustment as provided in this Agreement. This amount has been determined in accordance with section 3 of the Guidelines for a primary residence arrangement.
5. SPECIAL OR EXTRAORDINARY EXPENSES (SECTION 7)
5.1 The Parents acknowledge that, in addition to the Table Amount, section 7 of the Guidelines provides for contributions to special or extraordinary expenses incurred on behalf of the Children. These expenses are shared in proportion to each Parent’s income after deducting from the expense any subsidies, benefits, or income tax deductions or credits relating to the expense.
5.2 The Parents acknowledge that no special or extraordinary expenses are currently identified. If such expenses arise in the future, the Parents agree to negotiate in good faith and to share them in proportion to their respective incomes in accordance with section 7 of the Guidelines.
6. PAYMENT TERMS
6.1 The Payor shall make child support payments [Payment Frequency], commencing on [First Payment Date]. Payments shall be made by [Payment Method].
6.2 Child support payments shall continue without interruption regardless of the Payor’s access to or exercise of parenting time. The obligation to pay child support is independent of any parenting time arrangement and shall not be withheld, reduced, or suspended by the Payor for any reason relating to parenting time disputes.
6.3 Tax Treatment. The Parents acknowledge that child support payments made under agreements or court orders made after May 1, 1997 are not taxable income for the Recipient and are not deductible from income for the Payor, in accordance with the Income Tax Act (R.S.C. 1985, c. 1 (5th Supp.)).
7. ANNUAL REVIEW AND ADJUSTMENT
7.1 Annual Income Exchange. Each Parent shall, no later than [Review Month] of each calendar year, provide to the other Parent the following documentation for the most recently completed taxation year: [Review Documents].
7.2 Support Adjustment. Upon the annual exchange of income information, the child support Table Amount shall be recalculated using the updated income figures and the Federal Child Support Tables in effect at that time. If the recalculated Table Amount differs from the current payment amount, the child support payment shall be adjusted effective on the first day of the month following the income exchange. The Parents shall make reasonable efforts to agree on the adjusted amount within thirty (30) days of exchanging income information.
7.3 Failure to Disclose. If either Parent fails to provide the required income documentation within the time specified, the other Parent may apply to a court of competent jurisdiction for an order requiring disclosure, and the court may impute income to the non-disclosing Parent under section 19 of the Guidelines. The non-disclosing Parent shall be responsible for all costs and expenses, including legal fees on a substantial indemnity basis, incurred by the other Parent in obtaining the disclosure.
8. DURATION AND TERMINATION
8.1 Child support for each Child shall continue until: [Termination Condition]. If the child support obligation terminates for one Child but not for others, the Table Amount shall be recalculated based on the remaining number of eligible children.
8.2 Post-Secondary Education. The Parents acknowledge that a child who has reached the age of majority but is enrolled in a full-time program of post-secondary education may continue to be a "child of the marriage" under the Divorce Act and may remain entitled to child support. If a Child is enrolled in post-secondary education, the Parents agree to negotiate in good faith regarding the continued payment of child support, taking into account the child’s income (including employment income, scholarships, bursaries, and student loans), the cost of education, and the child’s reasonable needs.
9. MATERIAL CHANGE IN CIRCUMSTANCES
9.1 Either Parent may request a review and adjustment of child support if there is a material change in circumstances, including but not limited to: (a) a change of 10% or more in either Parent’s income; (b) a change in the parenting time arrangement; (c) a change in the number of Children for whom support is payable; (d) a Child ceasing to be a child of the marriage; (e) the illness or disability of a Child; or (f) any other change that would result in a different Table Amount under the Guidelines.
9.2 If the Parents are unable to agree on a variation of child support following a material change in circumstances, either Parent may apply to a court of competent jurisdiction for a variation order under section 17 of the Divorce Act or the equivalent provision of the applicable provincial family law legislation.
10. INDEPENDENT LEGAL ADVICE
10.1 Each Parent acknowledges that they have been advised to obtain independent legal advice before executing this Agreement. Each Parent has had the opportunity to consult with a lawyer of their own choosing and at their own expense regarding the nature and consequences of this Agreement, including whether it complies with the Federal Child Support Guidelines.
10.3 If either Parent has chosen not to obtain independent legal advice, that Parent acknowledges that they are doing so voluntarily and that this may affect the enforceability of this Agreement. Both Parents acknowledge that a court retains the jurisdiction to review and vary child support if this Agreement does not comply with the Guidelines or does not adequately provide for the Children.
11. GENERAL PROVISIONS
11.1 Best Interests of the Children. The Parents agree that the best interests of the Children are the paramount consideration in this Agreement. Both Parents acknowledge that a court may review and vary any provision of this Agreement if it does not comply with the Federal Child Support Guidelines or if the Agreement is not in the best interests of the Children.
11.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parents with respect to child support and supersedes all prior discussions, negotiations, and agreements relating to child support. This Agreement does not address spousal support, property division, or parenting time, which may be addressed in a separate agreement or court order.
11.3 Amendments. This Agreement may only be amended by a written document signed by both Parents.
11.4 Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
11.5 Governing Law. This Agreement shall be governed by and construed in accordance with the Federal Child Support Guidelines (SOR/97-175), the Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)), the applicable family law legislation of the Province of [Province], and the applicable federal laws of Canada.
11.6 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. Electronic signatures are valid and binding in accordance with the applicable provincial electronic commerce legislation.
11.7 Notices. Any notice required under this Agreement shall be in writing and shall be delivered personally, sent by registered mail through Canada Post, or sent by electronic mail with read receipt to the other Parent at the address set forth above or such other address as may be provided in writing.
IN WITNESS WHEREOF, the Parents have executed this Child Support Agreement as of the Effective Date.
Payor
________________
Signature
Recipient
________________
Signature
What Is a Child Support Agreement (Canada)?
A Child Support Agreement in Canada sets the amount and terms of child support payable in line with the applicable child support guidelines, governed primarily by the Federal Child Support Guidelines and provincial family law.
Central to the Guidelines is the child support table system. Each province has its own table that sets out the monthly base amount of child support based on the payor parent's gross annual income and the number of children. The tables were designed by the Department of Justice Canada using a complex economic model that considers the costs of raising children at different income levels and in different provinces, accounting for provincial and federal tax rates. The table amounts are updated periodically — most recently effective October 1, 2025 — to reflect changes in tax structures and cost of living.
For payors with income below $12,000 annually, no table amount is payable. For income between $12,000 and $150,000, the tables provide a specific monthly amount. For income above $150,000, section 4 of the Guidelines gives the court or parents discretion: they may apply the table percentage to the excess income or agree on a fixed additional amount based on the child's actual needs and the parent's ability to pay.
The 2021 amendments to the Divorce Act (Bill C-78, in force March 1, 2021) modernized terminology, replacing 'custody' and 'access' with 'parenting time' and 'decision-making responsibility.' The amendments also codified a detailed list of best-interests-of-the-child factors in section 16 and introduced provisions regarding family violence. While these changes primarily affect parenting arrangements, they also impact how child support is calculated for shared parenting time situations.
A child support agreement allows parents to formalize their obligations in a binding document without needing a court order, provided the agreement substantially complies with the Guidelines. Courts retain the jurisdiction to review and vary agreements that do not adequately provide for the children, regardless of what the parents have agreed.
The legal framework governing the Child Support Agreement (Canada) in Canada draws on several key statutes and regulatory bodies. Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. 1985, c. C-34), enforced by the Competition Bureau, protects consumer rights. Section 15 of the Canada Business Corporations Act governs corporate obligations. Provincial superior courts and the Federal Court of Canada have jurisdiction for civil matters. The Canada Revenue Agency (CRA) administers tax compliance obligations. Parties executing a Child Support Agreement (Canada) in Canada should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)) + Federal Child Support Guidelines sets the foundational requirements.
When Do You Need a Child Support Agreement (Canada)?
A Child Support Agreement is needed whenever parents separate or divorce and have dependent children who require financial support. This includes married couples going through separation or divorce, common-law partners who have separated, and parents who were never in a conjugal relationship but share biological or adopted children.
Separating married parents who are filing for divorce under the Divorce Act require a child support arrangement — either by agreement or court order — before the divorce can be granted. Under section 11(1)(b) of the Divorce Act, the court must satisfy itself that reasonable arrangements have been made for the support of the children before granting a divorce judgment. A written child support agreement that complies with the Guidelines fulfils this requirement.
Common-law parents whose relationship has ended need this agreement because provincial family law legislation (such as the Ontario Family Law Act, the BC Family Law Act, or the Alberta Family Law Act) imposes the same child support obligations on unmarried parents as on married parents. The Federal Child Support Guidelines apply by default in most provinces for the calculation of support amounts.
The Canada Child Support Agreement (Canada) agreement is particularly important when one parent earns significantly more than the other, when the parents have a shared parenting arrangement (40% or more time with each parent) that affects the calculation under section 9 of the Guidelines, when the children have special or extraordinary expenses under section 7 (childcare, medical, educational, or extracurricular costs), or when the payor's income exceeds $150,000 and the parties need to agree on how the excess income will be treated.
Parents who have reached an agreement through mediation, collaborative family law, or direct negotiation should document their terms in a formal written agreement to confirm enforceability. Without a written agreement, verbal arrangements are difficult to enforce, and either parent may apply to court for an order that could differ from the verbal arrangement. A written agreement can also be registered with the provincial enforcement agency (such as Ontario's Family Responsibility Office or BC's Family Maintenance Enforcement Program) for automatic enforcement, including wage garnishment and interception of tax refunds.
What to Include in Your Child Support Agreement (Canada)
A valid Canadian Child Support Agreement must comply with the Federal Child Support Guidelines (SOR/97-175) to be enforceable and must include specific elements to withstand judicial scrutiny.
The agreement must identify both parents with full legal names, dates of birth, and current addresses, and must list all children for whom support is payable with their full names, dates of birth, and current ages. The relationship status of the parents (married and separated, divorced, common-law, or never cohabited) determines whether the Divorce Act or provincial legislation applies and must be clearly stated.
Full income disclosure is mandatory. Each parent must disclose their gross annual income from all sources, verified by supporting documentation including CRA Notices of Assessment, T1 General tax returns, T4 slips, pay stubs, and financial statements for self-employment income. The Guidelines require income to be determined in accordance with sections 15 to 20, which address the determination of annual income. Failure to provide accurate income disclosure can result in a court imputing income under section 19.
The parenting time arrangement must be specified because it directly affects the calculation method. For primary residence arrangements, section 3 applies and the full table amount for the payor's income is payable. For shared parenting time (40% or more with each parent), section 9 applies and the court considers the table amount for each parent, the increased costs of shared parenting, and each household's conditions and needs. For split custody (different children residing primarily with different parents), section 8 requires an automatic offset of each parent's table amount.
The table amount must be stated clearly, referencing the applicable provincial table, the version of the tables used (e.g., October 2025 tables), the payor's income, and the number of children. For income over $150,000, section 4 requires the agreement to specify how the excess income will be treated.
Section 7 expenses (special or extraordinary expenses) must be addressed — either by listing the specific expenses to be shared and the proportional split based on income, or by stating that no s. 7 expenses are currently applicable. The agreement should include provisions for prior consent before incurring new expenses and for annual reconciliation with receipts.
Annual income review provisions are essential because the Guidelines contemplate ongoing disclosure obligations. The agreement should specify when income documents must be exchanged (typically in June, after CRA assessments are issued), what documents must be provided, and how the table amount will be adjusted based on updated income figures.
Duration and termination provisions must define when support ends for each child. Under the Divorce Act, a 'child of the marriage' includes a child who has reached the age of majority but remains dependent due to illness, disability, or pursuit of education. The agreement should address post-secondary education specifically, as this is a common area of dispute.
Independent legal advice is strongly recommended for both parents, though not strictly required. A court is more likely to uphold an agreement where both parents received independent legal advice, particularly if the agreement deviates from the Guidelines in any way.
Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. 1985, c. C-34), enforced by the Competition Bureau, protects consumer rights. Section 15 of the Canada Business Corporations Act governs corporate obligations. Provincial superior courts and the Federal Court of Canada have jurisdiction for civil matters. The Canada Revenue Agency (CRA) administers tax compliance obligations. The forms-legal.com Child Support Agreement (Canada) template covers the mandatory elements under Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)) + Federal Child Support Guidelines.
Sources & Citations
Statutory citations link to official government sources.
- R.S.C. 1985, c. C-34CA official
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Child Support Agreement (Canada) (Canada) [Legal document template]. Forms Legal. https://forms-legal.com/canada/personal/family/child-support-agreement-canada
"Child Support Agreement (Canada) (Canada)." Forms Legal, 2026, https://forms-legal.com/canada/personal/family/child-support-agreement-canada.
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note = {Free legal document template. Based on Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)) + Federal Child Support Guidelines}
}Also available for these jurisdictions:
Frequently Asked Questions
Child support in Canada is determined primarily by the Federal Child Support Guidelines (SOR/97-175). The payor's gross annual income and the number of children determine the base table amount, which varies by province. Income below $12,000 results in no table amount. For income above $150,000, section 4 allows the court or parents to agree on an amount for the excess. Special or extraordinary expenses under section 7 are shared proportionally based on each parent's income. Under Canada law, Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)) + Federal Child Support Guidelines, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.
When each parent has the child at least 40% of the time, section 9 of the Guidelines applies. The court or parents consider the table amount for each parent, the increased costs of shared parenting, and each household's conditions and needs. Unlike split custody (section 8), the offset is NOT automatic in shared parenting — the court has discretion to set the amount after considering all factors. Under Canada law, Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)) + Federal Child Support Guidelines, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.
No. For agreements made after May 1, 1997, child support payments are not taxable income for the recipient and not deductible for the payor. This changed under the 1997 amendments to the Income Tax Act. Only agreements made before May 1, 1997 that have not been varied may still follow the old taxable/deductible rules.
Section 7 expenses are additional costs beyond the table amount, including: childcare (daycare, before/after school), medical and dental insurance premiums, health-related costs over $100/year, extraordinary education expenses, post-secondary education costs, and extraordinary extracurricular activity expenses. The net cost (after subsidies, benefits, and tax deductions) is shared proportionally based on each parent's income. Under Canada law, Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)) + Federal Child Support Guidelines, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.
Yes. In most provinces, child support agreements and court orders can be registered with the provincial enforcement agency — the Family Responsibility Office (FRO) in Ontario, the Family Maintenance Enforcement Program (FMEP) in BC, or the Maintenance Enforcement Program (MEP) in Alberta. These agencies can garnish wages, intercept federal payments (tax refunds, EI, CPP), suspend driver's licences and passports, and report to credit bureaus. Under Canada law, Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)) + Federal Child Support Guidelines, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.
Child support continues until the child is no longer a 'child of the marriage' under the Divorce Act. Generally, this is when the child reaches the age of majority (18 in ON, AB, MB, PE, QC, SK; 19 in BC, NB, NL, NS, NT, NU, YT) AND is no longer dependent. However, a child in full-time post-secondary education or unable to support themselves due to illness or disability may remain entitled to support past the age of majority. Under Canada law, Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)) + Federal Child Support Guidelines, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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