In certain rare cases, a parent may legally pay a different amount of support than what the Child Support Guidelines require. For example, when the paying parent faces extreme difficulties that make it hard to pay, called “undue” hardship, or when a child becomes independent. These exceptions are explained below.

“Undue hardship”

In some situations, a parent might feel that it is very difficult to pay the amount required by the Child Support Guidelines. If this is the case, the paying parent must prove that the child support payments would cause “undue hardship.” Undue hardship means the required payments would cause a very big financial problem — not just hardship, but undue hardship.

It is not easy to claim undue hardship. You will have to go to court to do it and a judge will ask you to provide a lot of financial documents. The judge will compare the standard of living of your household and the other parent’s household, including the incomes of any new spouses.

Generally, the court only lowers the amount if the standard of living of the payer’s household would be lower than the child’s household. Some situations that might justify a finding of undue hardship are:

• An unusually high level of family-related debt
• Significant costs to visit the children, such as travel or accommodation
• Obligations for the support of other children or dependants

Step 8 of the Government of Canada’s Child Support Guidelines will help you figure out if there is undue hardship in your situation.

When does the duty to pay child support payments end?

Child support is generally required until a child turns 19 (the age of majority in NB), which is the age that they should be able to live on their own and take care of themselves. The order may last longer if the child is in a full-time educational program or has a disability. But independence can occur before a child turns 19, and in these cases, a parent may not be required to pay support.

If a paying parent can prove that a child under 19 (a minor) has voluntarily left parental control and is living a financially independent life as an adult, the child may not be entitled to benefit from child support.

Children are considered independent of their parents’ care and control when:

• The child lives with a boyfriend or girlfriend who provides for or helps to provide for their needs
• The child gets married
• The child has moved out from his or her parents’ home and refuses to return
• The child lives on his or her own, maintains a job and pays his or her own bills without relying on money from his or her parents

If you have any questions about the duty to pay child support, call the Toll-Free Family Law Information Line, operated by PLEIS-NB: 1-888-236-2444. The operator can provide general information on family law matters.

Do step-parents have to pay child support?

A step-parent may have a responsibility to pay child support even if they no longer live with the other parent. If you have questions about a step-parent’s duty to pay child support, make an appointment to see a Family Advice Lawyer at 1-855-266-0266 or call the Toll-Free Family Law Information Line (1-888-236-2444). There are time limits for getting child support from a step-parent, so if this is your situation, you should act right away.

What if the other parent doesn’t live in the same province or country?

If your child’s other parent lives outside of New Brunswick, you can start an application in New Brunswick and an order can be made, or changed, or enforced, where the other person lives. New Brunswick has reciprocal agreements with most Canadian provinces and territories, and with several foreign countries to recognize each other’s family support (maintenance) laws. The New Brunswick law about reciprocity is the Interjurisdictional Support Orders Act, which is called "ISO" for short. You can ask the court to decide about the financial part of your family relationship, even though the other person is in a “reciprocating jurisdiction”.

The forms and guides are available on the Family Law NB Website here. If you are applying to change an order make under Canada’s Divorce Act, this is not the application for you. The Divorce Act is federal law. It has its own rules about making and changing its orders.