Divorce Process

Child Support

If you pay money to, or receive money from, your child’s other parent for the financial support of your child, that money is called "child support".

Your children need the support of both parents. They are also entitled to it by law if they are under the age of majority and still dependent on you. The age of majority in Canada is 18 or 19 years, depending on the province or territory where your child lives.

If your children are over 18 or 19, they may be entitled to support if they cannot become independent because of an illness, disability or "other cause". Courts often order parents to support an older child going to university or college after they finish high school. This level of education can be considered a valid "other cause" in certain families. Otherwise, financial support for an older child is optional.

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Child Custody

Shared custody : The Federal Guidelines use the term "shared custody." Shared custody can apply if both parents have the child in their care for at least 40 percent of the time over the course of the year.

Sole custody : The Federal Guidelines use the term "sole custody" to refer to all arrangements where the child lives with one parent at least 60 percent of the time over the course of the year.

Split custody : Split custody describes an arrangement where :

• one or more children live with one parent more than 60 percent of the time in the year, and
• one or more children live with the other parent more than 60 percent of the time in the year.

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