Department of Justice

Child Support Guidelines

Maintenance Enforcement Program (MEP)

Child Support Guidelines - Frequently Asked Questions

  1. How do I get an order for child support payments from the other parent when the children live with me most or all of the time?
  2. How is the amount of child support determined?
  3. What is the difference between the federal and the Yukon Child Support Guidelines? How do I know which Guidelines apply to me?
  4. How is the paying parent's income calculated?
  5. What if I already have a child support order, but need to change the amount of the payments?
  6. What if the other parent and I agree about the amount of child support?
  7. Who pays child support if the other parent and I share custody equally (more than 40%)?
  8. Who pays child support if we both have sole custody of one or more of our children (split custody)?
  9. What should I do if the other parent is pressuring me into an agreement that I'm not comfortable with?
  10. What happens if the paying parent doesn't pay the support ordered?
  11. What if the paying parent doesn't live in the Yukon?

  1. How do I get an order for child support payments from the other parent when the children live with me most or all of the time?
    You need to apply to the court so that a judge can sign your order. There are three ways to do this. The first way is to get the help of a family law lawyer who will look after the application for you. The Lawyer Referral Service can help. If you qualify for Legal Aid, you won't have to pay for the lawyer to help you get a temporary order.

    A second way is to complete the application on your own. The Law Line (867-668-5297) can help you to do this.

    The third way is to agree with the other parent on the amount of support payments, and to write a consent agreement that you both sign. You must submit this agreement to the court. If a judge confirms the order, it will be legally enforceable. You can also get help with preparing this agreement from the Law Line.

  2. How is the amount of child support determined?
    The law says that child support should be determined according to the best interests of the child. The Yukon and federal Child Support Guidelines explain how the monthly amounts should be calculated - the amount mostly depends on the number of children and the paying parent's income and province/territory of residence. The Guidelines include tables of standardized support amounts. These tables apply to most people's situations, but there are some exceptions.

  3. What is the difference between the federal and the Yukon Child Support Guidelines? How do I know which Guidelines apply to me?
    The federal and the Yukon Child Support Guidelines are very similar, and both use the same Yukon Tables to determine the amount of child support that must be paid when the paying parent lives in the Yukon. If you and the other parent are divorced, Canada's Divorce Act and federal Guidelines apply to you. If you and the other parent were never married, or are separated but not yet planning to divorce, the Yukon Family Property and Support Act and Yukon Guidelines apply to you. While there are some minor differences, the main thing most people would notice is that some of the forms and procedures are different.

  4. How is the paying parent's income calculated?
    Since the amount of child support depends on the paying parent's income, the Guidelines contain very specific information about how to determine this income. If the paying parent's income is from employment only, then their current gross income (before deductions) is used. If the paying parent is self-employed, has investment income or has a complicated income situation for some other reason, then other rules apply.

  5. What if I already have a child support order, but need to change the amount of the payments?
    You will need to make a court application to change the order. If this is an easy recalculation, for example, to make the order match the new table amounts, you might be able to complete the application on your own with the help of a variation kit from the Law Line. However, sometimes changing an order is a complicated legal issue, and you might need a lawyer's help. If you qualify for Legal Aid, you might not have to pay for the lawyer.

  6. What if the other parent and I agree about the amount of child support?
    You and the other parent can write up an agreement and submit it to the court for a judge to review. If the judge signs this consent order it becomes legally enforceable. You may get some information and assistance on how to prepare this agreement from the Law Line (867-668-5297). You may also obtain information about the mediation process from the Mediation Yukon Society (867-667-7910).

  7. Who pays child support if the other parent and I share custody equally (more than 40%)?
    To qualify as "shared custody," each parent must have physical custody or access to the children for at least 40% of the time. The Guideline table amounts will not automatically apply. The parents may agree on a child support amount, or a court might award an amount that is higher or lower than the table amount. For example, if you earn more than the other parent does, you may need to pay a monthly amount to the other parent. The amount will also depend on any special expenses, and which parent pays most of these expenses.

  8. Who pays child support if we both have sole custody of one or more of our children (split custody)?
    Whether or not one of you will pay child support to the other will depend on your incomes. First, you would determine how much child support you would pay for the child or children in the other parent's custody (according to your income and the Guidelines' table amount). Then, you would determine how much child support the other parent would pay for the child or children in your custody (according to their income, and the Guidelines' table amount). The parent required to pay the higher amount would pay the difference between the two amounts to the other parent. The amount may also depend on any special expenses and needs.

  9. What should I do if the other parent is pressuring me into an agreement that I'm not comfortable with?
    If you feel pressured into an agreement by any physical, mental or emotional abuse by the other parent, or even the threat of abuse, you should not proceed on your own. Please seek assistance from Legal Aid or consult a lawyer. They can represent your interests without threat from the other party.

  10. What happens if the paying parent doesn't pay the support ordered?
    You can register the child support order with the Yukon government's Maintenance Enforcement Program (MEP). If the paying parent doesn't obey the order, MEP officers will try to enforce it.

  11. What if the paying parent doesn't live in the Yukon?
    A parent's responsibility to support their child financially does not end if they live somewhere else. The amount of monthly child support payments will be based on the table amounts for the province or territory where the paying parent lives. Child support orders can also be enforced in other provinces and territories.