Understanding Child Support Legal Advice: What You Need to Know First
Child support is every child’s legal right. When parents separate, one (or sometimes both) must contribute financially so a child’s basic needs—food, housing, clothing, schooling—are met. In New Brunswick and across Canada, the rules start with the Federal Child Support Guidelines, but local services make it easier to calculate, adjust, and enforce payments.
Here is a rapid-fire overview so you can see where you stand:
| Question | Quick Answer |
|---|---|
| What is child support? | Money one parent pays the other to meet a child’s day-to-day needs. |
| Who usually pays? | The parent the child does not live with most of the time. |
| How is the amount set? | Federal Child Support Tables: payor’s gross income + number of children + province. |
| How long does it last? | In NB, to age 19 (longer if the child remains dependent because of schooling or disability). |
| Can parenting time stop if support isn’t paid? | No—contact and support are legally separate issues. |
| Do you need a lawyer? | Not always; Legal Aid, duty counsel, or mediation may suffice, but complex cases benefit from legal advice. |
“Children need financial support from their parents—and they have a legal right to it.” — Government of Canada, Child Support
I’m Nicole Farber, CEO of ENX2 Legal Marketing and a single mom who has steerd these rules myself. The rest of this guide breaks down eligibility, calculation, variation, and enforcement—without the stress.
Essential Child Support Legal Advice: Rights, Calculations, Variations
1. Who Pays and Who Receives?
Payor: usually the parent with less than 40 % of parenting time.
Recipient: the parent or guardian the child primarily lives with.
Step-parents can be on the hook if they have “stood in the place of a parent,” although biological parents remain primarily responsible.
2. Calculating the Amount
- Find the payor’s gross annual income (use line 15000 on the Canadian income-tax return).
- Select the right province (tables vary).
- Check the Child Support Table Look-Up Tool.
Special or extraordinary expenses—day-care, medical, post-secondary tuition—are added and shared in proportion to each parent’s income.
Example: Jamie earns CA$40,000 in NB and supports one child. Table amount ≈ CA$359/mo. If day-care is CA$200/mo and parents split that 60 / 40, Jamie’s total is roughly CA$439/mo.
A low-income payor can qualify for a self-support exemption (currently around CA$12,000). Above that, full table amounts apply.
3. Changing Support Orders
You can ask for a change when there is a “material change in circumstances,” such as:
- a 20 %+ swing in either parent’s income;
- parenting time shifts over (or under) the 40 % threshold;
- the child turns 19, starts university, or becomes self-supporting.
Options to vary:
- Consent order—parents sign a new agreement and file it.
- Child Support Recalculation Service (NB)—an annual admin review using new tax data.
- Motion to vary—court decides if parents disagree.
An “undue hardship” claim is possible but rare. You must prove your household’s standard of living is markedly lower than the other parent’s.
4. Enforcement & Parenting Time
New Brunswick’s Office of Support Enforcement (OSE) can garnish wages, seize bank accounts, intercept tax refunds, or suspend licences if payments fall behind. Withholding visits because support is unpaid (or refusing to pay because visits are blocked) is against the law; use the court or OSE instead.
Moving Forward: Safety, Resources & Expert Support
Where to Get Help in New Brunswick
- Legal Aid: The New Brunswick Legal Aid Services Commission offers free or low-cost lawyers to eligible parents.
- Family Advice Lawyers & duty counsel: up to two hours of guidance, ideal for quick questions.
- Mediation clinics: neutral professionals help parents settle support without a courtroom battle.
- Child Support Recalculation Service: automatic annual update of support based on CRA data.
Bring these documents: last three tax returns, current pay stubs, receipts for special expenses, and any existing orders or agreements. In emergencies, call 9-1-1; the court can issue protection orders within hours.
For national background, see the Government of Canada’s Family Justice portal and Statistics Canada’s latest report on family law trends.
Digital Tools That Simplify the Process
Online calculators, secure client portals, and e-signature platforms let families exchange documents safely and cut legal costs. ENX2 Legal Marketing has spent a decade helping law firms adopt these tools so parents get answers faster. Need to stand out in search results when someone types “child support lawyer near me”? Our SEO and content teams have you covered.
Conclusion: Support Without Stress
Child support isn’t about punishing a parent—it’s about safeguarding a child’s future. Know the tables, share financial information honestly, and use local resources before conflict escalates. Whether you’re setting an order, seeking a variation, or enforcing arrears, acting early protects your child and reduces stress for everyone.
If you’re a lawyer looking to make the process smoother for your clients, ENX2 Legal Marketing can amplify your online presence so families find the trustworthy help they deserve.
Your child’s tomorrow starts with today’s informed decision.
