How does child support work when a parent has children in two families in Canada?
Each child is entitled to support based on the Federal Child Support Guidelines table amount for the payor's income and the number of children in that household. Obligations to a first and second family are calculated separately. A payor supporting multiple families may apply under section 10 for a reduction on the basis of undue hardship, but this is a high threshold.
What is undue hardship under section 10 of the Guidelines?
Section 10 allows a court to order an amount different from the guideline table if a parent would suffer undue hardship — for example, from unusually high debts incurred to support the family, high access costs, or a legal duty to support other children. The claim only succeeds if the applicant's household standard of living is lower than the other household's.
Does a second family reduce child support for the first family?
Not automatically. The first family's support is based on the table amount and does not drop simply because the payor has a new family. A reduction requires a successful undue hardship application under section 10, which involves a standard-of-living comparison between the two households and is rarely granted.
Are stepchildren counted for child support in Canada?
They can be. A person who stands 'in the place of a parent' (in loco parentis) to a stepchild may have a child support obligation under the Divorce Act. The amount can be adjusted to reflect the child's other parents' obligations, but a step-parent relationship can create a genuine, enforceable support duty.