How are child support and custody determined?

Couples cannot decide for themselves the amount of child support, and must comply with the scale established by law.

Several factors are taken into account in the calculation of child support:

  • The financial capacity of each parent
  • The number of children
  • The type of custody chosen
  • The children’s needs
  • Special circumstances
  • The scale established in Quebec

The notary can put down in writing the parents’ agreement on access rights and child support. In the event of disagreement, a mediating notary can help you to resolve the conflict.

How is the child support amount established?

In Quebec, child support amounts are established according to a scale. This calculation table takes into account the respective incomes of the parents. In the event of separation, the parent with the higher income must pay child support regardless of the type of custody. Child support is then paid to the other parent for the needs of the children.

Couples cannot determine the amount due for child support themselves. They must comply with the scale.

Special expenses

Child support does not cover certain special expenses, like those related to private school, daycare or sports activities, for example.

The scale establishes the amounts the parents will contribute to their children’s special expenses based on a percentage of their incomes. The mediating notary will explain to you which needs are considered special expenses.

Determining or revising child support

If you want to make changes concerning the custody of a child or the establishment of child support and have been granted a divorce or a judgment for child support, you will have to submit an application to the court.

De facto spouses who are separating, as well as formerly married spouses who wish to review the arrangements originally established when they divorced, must also submit an application to the court.

Have you agreed on all the terms? If that is the case, a notary can draw up the agreement and all the necessary documentation, and then submit an application to the court to have the agreement homologated by judgment. To guide you through the process of setting or reviewing child support payments, please consult: