Best Child Support Lawyers in Davidson

About Child Support Law in Davidson, Canada

This guide explains how child support works for people living in or around Davidson, Saskatchewan. Child support is a legal obligation that ensures children are financially supported by both parents after separation or divorce. The right to support belongs to the child. Parents cannot waive it. Amounts are usually set using the Federal Child Support Guidelines, which use the payor parent’s gross annual income, the number of children, and the province to determine a basic table amount. Additional special or extraordinary expenses can be added when appropriate.

In Saskatchewan, child support can be addressed under the federal Divorce Act for married spouses who are divorcing, and under provincial law for unmarried or separated parents. Orders are made in the Court of King’s Bench. Agreements that meet legal requirements can also be filed with the court and enforced. The Saskatchewan Maintenance Enforcement Office can collect and enforce support if payments are not made voluntarily.

This information is general in nature. It is not legal advice. Speak with a lawyer for advice about your specific situation.

Why You May Need a Lawyer

Many families can agree on child support using the Guidelines. A lawyer becomes especially helpful in situations such as the following.

You need to start or respond to a court application for child support or a variation due to a change in income or parenting time. You need help identifying and proving income for a self employed or commissioned payor, or where income fluctuates. You need to add or defend claims for special or extraordinary expenses such as child care, medical, or post secondary costs. You have shared or split parenting time and need to apply the set off rules correctly. You need to enforce unpaid support or deal with arrears and possible penalties. You need to seek or defend a retroactive child support claim. You believe income should be imputed because of intentional underemployment or non disclosure. There is a cross border or interprovincial issue that requires the Interjurisdictional Support Orders process. You want a comprehensive separation agreement that is valid, enforceable, and clear about disclosure and annual income updates.

Local Laws Overview

Key laws and programs that affect child support in Davidson and throughout Saskatchewan include the following.

Federal Divorce Act. Applies to married spouses who are divorcing. Sets out the obligation to support children and requires use of the Federal Child Support Guidelines.

Federal Child Support Guidelines and Tables. Provide the table amounts based on the payor’s province of residence, income, and number of children. They also address shared and split parenting time, special or extraordinary expenses, and when a court can impute income or depart from the table amount.

The Family Maintenance Act, 1997 Saskatchewan. Provincial legislation that allows child support orders and agreements in cases not under the Divorce Act. It works together with the Guidelines.

The Children’s Law Act, 2020 Saskatchewan. Governs parenting time and decision making. Parenting time can affect how child support is calculated, especially for shared parenting time when each parent has the child at least 40 percent of the time.

The Interjurisdictional Support Orders Act, 2002 Saskatchewan. Provides a process to make or change child support orders when one parent lives in another province, territory, or reciprocating country.

Maintenance Enforcement Office Saskatchewan. A provincial program that collects and enforces support. It can garnish wages and bank accounts, register liens, intercept federal payments like tax refunds, and use other enforcement tools when payments are missed.

Family dispute resolution. Saskatchewan requires parties to make a reasonable attempt at family dispute resolution such as mediation before a family law trial, with exceptions for urgency or safety. Early resolution can reduce conflict and cost when addressing child support.

Tax treatment. For most modern orders and agreements, child support is not taxable to the recipient and not tax deductible for the payor. Child support is separate from government benefits such as the Canada Child Benefit, which usually goes to the primary caregiver.

Frequently Asked Questions

How is child support calculated in Davidson, Canada

Courts and lawyers use the Federal Child Support Guidelines. You start with the payor parent’s gross annual income from line 15000 of the tax return, adjust it if needed, then use the federal table for Saskatchewan and the number of children to find the monthly amount. If there are special or extraordinary expenses such as child care or uninsured health costs, those can be added and shared in proportion to each parent’s income.

What counts as income for child support

Guidelines income usually starts with line 15000 on the payor’s tax return, then adjustments can be made. For self employed or commissioned parents, the court can add back certain deductions or average several years. If a parent is intentionally underemployed or not providing disclosure, the court can impute a reasonable income. Full and ongoing financial disclosure is required.

What are special or extraordinary expenses

These are section 7 expenses under the Guidelines. Common examples include child care needed for work or school, medical and dental premiums and uninsured health costs, extraordinary extracurricular or educational expenses, and reasonable post secondary costs. Parents usually share these in proportion to their incomes after deducting any tax credits or subsidies.

What if we share parenting time about 50 percent

If each parent has the child at least 40 percent of the time over the year, the shared parenting time rule applies. The typical approach is a set off, which means each parent’s table amount is calculated and the difference is paid by the higher income parent. The court can adjust for the actual costs of shared parenting time and the circumstances of the family.

How do I change a child support order or agreement

You need a material change in circumstances, such as a significant change in income, parenting time, or special expenses. Many orders require annual tax disclosure so support can be updated. If you cannot agree, you can apply to the Court of King’s Bench to vary the order. Some Saskatchewan cases may qualify for an administrative recalculation service, which updates support based on new income information.

What if the other parent will not provide financial disclosure

You can request disclosure formally. If it is not provided, the court can order disclosure, impute income, award costs, or in serious cases, strike pleadings. Ongoing annual disclosure such as tax returns, notices of assessment, and pay stubs is standard so child support stays accurate.

What happens if child support is not paid

Register your order or agreement with the Saskatchewan Maintenance Enforcement Office. The office can collect payments and use enforcement tools such as wage garnishment, bank garnishment, registering against property, intercepting federal payments, reporting to credit bureaus, and suspending certain licenses. Arrears do not disappear with time and interest may be added.

Does child support end when a child turns 18

Age of majority in Saskatchewan is 18. Support can continue if the child remains a dependent due to full time post secondary education, illness, or disability. Whether support continues, and in what amount, depends on the facts and any order or agreement. Post secondary expenses can be a special expense that parents share proportionally.

Can child support be retroactive

Yes. The court can order support back to an earlier date, commonly up to three years from when the recipient gave effective notice of the issue, and sometimes further depending on the circumstances, including why disclosure was delayed. Timely disclosure and regular updates reduce the risk of retroactive claims.

Do new partners’ incomes affect child support

A new spouse’s income does not replace a parent’s obligation to support their child. In limited situations, a new partner’s finances can be relevant when claiming undue hardship or when calculating the net cost of certain special expenses, but the focus remains on the legal parents’ incomes.

Additional Resources

Saskatchewan Maintenance Enforcement Office. Information about registering, payment options, and enforcement tools for child support.

Saskatchewan Ministry of Justice and Attorney General, Family Law Information Centre. Free public information about family law, forms, and process.

Family Justice Services in Saskatchewan. Early family dispute resolution and mediation services for parenting and support issues.

Public Legal Education Association of Saskatchewan. Plain language guides about child support and family law.

Legal Aid Saskatchewan. Legal assistance for eligible low income individuals in family law matters.

Court of King’s Bench for Saskatchewan, Family Law. Details on filing locations, forms, and procedures for child support applications.

Justice Canada Child Support Guidelines and Tables. Federal information on how support is calculated and what documents are required.

Interjurisdictional Support Orders Unit in Saskatchewan. Help with making or changing support orders when a parent lives in another province or country.

Next Steps

Get organized. Gather your last three years of tax returns and notices of assessment, recent pay stubs, records of employment insurance or social assistance if applicable, proof of child care or medical expenses, and any existing agreement or order. Keep a parenting time calendar if shared care is an issue.

Estimate the amount. Use the Federal Child Support Guidelines tables for Saskatchewan to estimate the table amount based on the payor’s gross annual income and number of children. List any special or extraordinary expenses and who currently pays them.

Try to resolve. Consider mediation or another family dispute resolution process. Many families reach an agreement more quickly and with less conflict. Put any agreement in writing with full financial disclosure and legal advice, then file it with the Court of King’s Bench so it can be enforced.

File if needed. If you cannot agree, prepare the required court forms for child support or variation, including a financial statement and supporting documents. File at the Court of King’s Bench judicial centre that serves your area and arrange for proper service on the other party.

Use enforcement. Once you have an order or a filed agreement, register with the Saskatchewan Maintenance Enforcement Office to manage payments and enforcement. This is especially important if there is a history of missed payments.

Update annually. Exchange tax returns and notices of assessment each year. Adjust support when income or parenting time changes. Consider using a recalculation service if your order or agreement allows it and you are eligible.

Get legal advice. A family lawyer can calculate the correct amount, draft a clear agreement, ensure full disclosure, protect your rights in court, and help with enforcement or variation. If cost is a concern, contact Legal Aid Saskatchewan or a local legal clinic to ask about options.

Safety first. If there are safety concerns, tell your lawyer and the court registry. Safety related measures such as communication protocols and special service arrangements can be requested.

This guide provides general information only. Laws and procedures can change and your facts matter. Speak with a Saskatchewan family lawyer to get advice tailored to your situation.