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Provincial Child Support Guidelines

made under

Section 55 of the

Parenting and Support Act

R.S.N.S. 1989, c. 160

O.I.C. 1998-386 (August 5, 1998), N.S. Reg. 53/1998

amended to O.I.C. 2022-75 (effective April 1, 2022), N.S. Reg. 49/2022

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Objectives

Objectives

Interpretation

Definitions

Income Tax Act (Canada)

Most current information

Application of Guidelines

Amount of Child Support

Presumptive rule

Child the age of majority or over

Applicable table

Incomes over $150 000

Person in place of a parent

Medical and dental insurance

Special or extraordinary expenses

Sharing of expense

Subsidies, tax deductions, etc.

Split parenting time

Shared parenting time

Undue hardship

Circumstances that may cause undue hardship

Standards of living must be considered

Standards of living test

Reasonable time

Reasons

Elements of a Child Support Order

Form of payments

Security

Information to be specified in order

Variation of Child Support Orders

Circumstances for variation

Income

Determination of annual income

Agreement

Calculation of annual income

Pattern of income

Non-recurring losses

Shareholder, director or officer

Adjustment to corporation's pre-tax income

Imputing income

Reasonableness of expenses

Non-resident

Income Information

Obligation of applicant

Obligation of respondent

Special expenses or undue hardship

Income over $150 000

Making of rules not precluded

Failure to comply

Costs of the proceedings

Adverse inference

Failure to comply with court order

Continuing obligation to provide income information

Below minimum income

Obligation of receiving parent

Information requests

Time limit

Deemed receipt

Failure to comply

Unenforceable provision

Schedule I - Child Support Tables

Schedule II - Comparison of Household Standards of Living Test

Schedule III - Adjustments to Income

Citation

These regulations may be cited as the Provincial Child Support Guidelines .

Objectives

Objectives

1 The objectives of these Guidelines are

(

a) to establish a fair standard of support for children that ensures that they benefit

from the financial means of both parents;

(

b) to reduce conflict and tension between parents by making the calculation of

child support orders more objective;

(

c) to improve the efficiency of the legal process by giving courts and parents

guidance in setting the levels of child support orders and encouraging

settlement; and

(

d) to ensure consistent treatment of parents and children who are in similar

circumstances.

Interpretation

Definitions

(1) In these Guidelines

“Act” means the Parenting and Support Act ;

“child” means a dependent child as defined in clause 2(

c) of the Act;

“income” means the annual income determined under Sections 15 to 20;

“majority of parenting time” means a period of time that is more than 60% of

parenting time over the course of a year;

“order assignee” means a representative of the Department of Community Services

or such other person or agency to whom a child support order is assigned;

“parent” includes a parent, guardian and possible father as defined in

Section 2 of the

Act;

“table” means a child support table set out in

Schedule I of the Federal Child

Support Guidelines established under the Divorce Act (Canada), as adopted in

Schedule I of these Guidelines;

“universal child care benefit” means a benefit provided under

section 4 of the

Universal Child Care Benefit Act (Canada).

Income Tax Act (Canada)

(2) Words and expressions that are used in Sections 15 to 21 and that are not defined in

this

Section have the meanings assigned to them under the Income Tax Act (Canada).

Most current information

(3) Where, for the purpose of these Guidelines, any amount is determined on the basis of

specified information, the most current information must be used.

Application of Guidelines

(4) These Guidelines apply, with such modifications as the circumstances require, to

(

a) child support orders, including interim child support orders, under Sections 9,

10 and 11 of the Act;

(

b) orders varying a child support order under

Section 37 of the Act;

(

c) written agreements relating to child support sought to be registered with the

court under

Section 52 of the Act.

Amount of Child Support

Presumptive rule

(1) Unless otherwise provided under these Guidelines, the amount of a child support

order for children under the age of majority is

(

a) the amount set out in the applicable table, according to the number of children

under the age of majority to whom the order relates and the income of the

parent against whom the order is sought; and

(

b) the amount, if any, determined under

Section 7.

Child the age of majority or over

(2) Unless otherwise provided under these Guidelines, where a child to whom a child

support order relates is the age of majority or over, the amount of the child support

order is

(

a) the amount determined by applying these Guidelines as if the child were under

the age of majority; or

(

b) if the court considers that approach to be inappropriate, the amount that it

considers appropriate, having regard to the condition, means, needs and other

circumstances of the child and the financial ability of each parent to contribute

to the support of the child.

Applicable table

(3) The applicable table is

(

a) if the parent against whom an order is sought resides in Canada,

(

i) the table for the province in which that parent ordinarily resides at the

time the application for the child support order, or for a variation order in

respect of a child support order, is made,

(ii) where the court is satisfied that the province in which that parent

ordinarily resides has changed since the time described in subclause (i),

the table for the province in which the parent ordinarily resides at the

time of determining the amount of support, or

(iii) where the court is satisfied that, in the near future after determination of

the amount of support, that parent will ordinarily reside in a given

province other than the province in which the parent ordinarily resides at

the time of that determination, the table for the given province; and

(

b) if the parent against whom an order is sought resides outside of Canada, or if

the residence of that parent is unknown, the table for the province where the

other parent ordinarily resides at the time the application for the child support

order or for a variation order in respect of a child support order is made.

Incomes over $150 000

4 Where the income of the parent against whom a child support order is sought is over $150

000, the amount of a child support order is

(

a) the amount determined under

Section 3; or

(

b) if the court considers that amount to be inappropriate,

(

i) in respect of the first $150 000 of the parent's income, the amount set out

in the applicable table for the number of children under the age of

majority to whom the order relates,

(ii) in respect of the balance of the parent's income, the amount that the court

considers appropriate, having regard to the condition, means, needs and

other circumstances of the children who are entitled to support and the

financial ability of each parent to contribute to the support of the

children, and

(iii) the amount, if any, determined under

Section 7.

Person in place of a parent

5 Where a person against whom a child support order is sought stands in the place of a

parent for a child, the amount of a child support order is, in respect of that person, such

amount as the court considers appropriate, having regard to these Guidelines and any other

parent's legal duty to support the child.

Medical and dental insurance

6 In making a child support order, where medical or dental insurance coverage for the child

is available to a parent through his or her employer or otherwise at a reasonable rate, the

court may order that coverage be acquired or continued.

Special or extraordinary expenses

(1) In a child support order the court may, on a parent's request, provide for an amount

to cover all or any portion of the following expenses, which expenses may be

estimated, taking into account the necessity of the expense in relation to the child's

best interests and the reasonableness of the expense in relation to the means of the

parents and those of the child and, where the parents cohabited after the birth of the

child, to the family's pattern of spending prior to the separation:

(

a) child care expenses incurred as a result of the custodial parent's employment,

illness, disability or education or training for employment;

(

b) that portion of the medical and dental insurance premiums attributable to the

child;

(

c) health related expenses that exceed insurance reimbursement by at least $100

annually, including orthodontic treatment, professional counseling provided by

a psychologist, social worker, psychiatrist or any other person, physiotherapy,

occupational therapy, speech therapy and prescription drugs, hearing aids,

glasses and contact lenses;

(

d) extraordinary expenses for primary or secondary school education or for any

other educational programs that meet the child's particular needs;

(

e) expenses for post-secondary education; and

(

f) extraordinary expenses for extracurricular activities.

(1A) For the purposes of clauses (1)(

d) and (f), “extraordinary expenses” means

(

a) expenses that exceed those that the spouse requesting an amount for the

extraordinary expenses can reasonably cover, taking into account that spouse’s

income and the amount that the spouse would receive under the applicable

table or, if the court has determined that the table amount is inappropriate, the

amount that the court has otherwise determined is appropriate; or

(

b) if clause (

a) is not applicable, expenses that the court considers are

extraordinary, taking into account all of the following:

(

i) the amount of the expense in relation to the income of the spouse

requesting the amount, including the amount that the spouse would

receive under the applicable table or, if the court has determined that the

table amount is inappropriate, the amount that the court has otherwise

determined is appropriate,

(ii) the nature and number of the educational programs and extracurricular

activities,

(iii) any special needs and talents of the child or children,

(iv) the overall cost of the programs and activities,

(

v) any other similar factor that the court considers relevant.

Sharing of expense

(2) The guiding principle in determining the amount of an expense referred to in

subsection (1) is that the expense is shared by the parents in proportion to their

respective incomes after deducting from the expense, the contribution, if any, from

the child.

Subsidies, tax deductions, etc.

(3) Subject to subsection (4), in determining the amount of an expense referred to in

subsection (1), the court must take into account any subsidies, benefits or income tax

deductions or credits relating to the expense, and any eligibility to claim a subsidy,

benefit or income tax deduction or credit relating to the expense.

(4) In determining the amount of an expense referred to in subsection (1), the court shall

not take into account any universal child care benefit or any eligibility to claim that

benefit.

Split parenting time

8 If at least one child to whom the order relates spends the majority of parenting time with

one parent and at least one child to whom the order relates spends the majority of

parenting time with the other parent, the amount of a child support order is the difference

between the amount that each parent would otherwise pay to the other if a child support

order were sought against each of the parents.

Shared parenting time

9 Where a parent exercises parenting time with a child for not less than 40 per cent of the

time over the course of a year, the amount of the child support order must be determined

by taking into account

(

a) the amounts set out in the applicable tables for each of the parents;

(

b) the increased costs of shared parenting time arrangements; and

(

c) the conditions, means, needs and other circumstances of each parent and of any

child for whom support is sought.

Undue hardship

(1) On the application of a parent, a court may award an amount of child support that is

different from the amount determined under any of Sections 3 to 5, 8 or 9 if the court

finds that the parent making the request, or a child in respect of whom the request is

made, would otherwise suffer undue hardship.

Circumstances that may cause undue hardship

(2) Circumstances that may cause a parent or child to suffer undue hardship include the

following:

(

a) the parent has responsibility for an unusually high level of debts reasonably

incurred to maintain the parents and their children prior to the separation,

where the parents cohabited, or to earn a living;

(

b) the parent has unusually high expenses in relation to exercising parenting time

or interaction with a child;

(

c) the parent has a legal duty under a judgment, order or written separation

agreement to support any person;

(

d) the parent has a legal duty to support a child, other than a child to whom the

order relates, who is

(

i) under the age of majority, or

(ii) the age of majority or over but is a dependent child within the meaning

of clause 2(

c) of the Act; and

(

e) the parent has a legal duty to support any person who is unable to obtain the

necessaries of life due to an illness or disability, including a dependent parent

within the meaning of clause 2(

d) of the Act.

Standards of living must be considered

(3) Despite a determination of undue hardship under subsection (1), an application under

that subsection must be denied by the court if it is of the opinion that the household

of the parent who claims undue hardship would, after determining the amount of

child support under any of Sections 3 to 5, 8 or 9, have a higher standard of living

than the household of the other parent.

Standards of living test

(4) In comparing standards of living for the purpose of subsection (3), the court may use

the Comparison of Household Standards of Living Test referred to in

Schedule II.

Reasonable time

(5) Where the court awards a different amount of child support under subsection (1), it

may specify, in the child support order, a reasonable time for the satisfaction of any

obligation arising from circumstances that cause undue hardship and the amount

payable at the end of that time.

Reasons

(6) Where the court makes a child support order in a different amount under this

Section, it must record its reasons for doing so.

Elements of a Child Support Order

Form of payments

11 The court may require in a child support order that the amount payable under the order or

interim order be paid in periodic payments, in a lump sum or in a lump sum and periodic

payments, in accordance with

Section 33 of the Act.

Security

12 The court may require in a child support order that the amount payable under the order or

interim order be paid or secured, or paid and secured, in the manner specified in the order,

in accordance with

Section 36 of the Act.

Information to be specified in order

13 A child support order must include the following information:

(

a) the name and birth date of each child to whom the order relates;

(

b) the income of any person whose income is used to determine the amount of the

child support order;

(

c) the amount determined under clause 3(1)(

a) for the number of children to

whom the order relates;

(

d) the amount determined under clause 3(2)(

b) for a child the age of majority or

over;

(

e) the particulars of any expense described in subsection 7(1), the child to whom

the expense relates, and the amount of the expense or, where that amount

cannot be determined, the proportion to be paid in relation to the expense; and

(

f) the date on which the lump sum or first payment is payable and the day of the

month or other time period on which all subsequent payments are to be made.

Variation of Child Support Orders

Circumstances for variation

14 For the purposes of

Section 37 of the Act, any one of the following constitutes a change in

circumstances that gives rise to the making of a variation order in respect of a child support

order:

(

a) in the case where the amount of child support includes a determination made in

accordance with the applicable table, any change in circumstances that would

result in a different child support order or any provision thereof;

(

b) in the case where the amount of child support does not include a

determination made in accordance with a table, any change in the condition,

means, needs or other circumstances of a parent or of any child who is entitled

to support; and

(

c) in the case of an order made before August 31, 1998, the coming into force of

Chapter 3 of the Acts of 1997,

An Act to Amend

Chapter 160 of the Revised

Statutes, 1989, the Family Maintenance Act and the coming into force of these

Guidelines.

Income

Determination of annual income

(1) Subject to subsection (2), a parent's annual income is determined by the court in

accordance with Sections 16 to 20.

Agreement

(2) Where the parents agree in writing on the annual income of a parent, the court may

consider that amount to be the parent's income for the purposes of these Guidelines if

the court thinks that the amount is reasonable having regard to the income

information provided under

Section 21.

Calculation of annual income

16 Subject to Sections 17 to 20, a parent's annual income is determined using the sources of

income set out under the heading “(Total Income)” in the T1 General form issued by the

Canada Revenue Agency and is adjusted in accordance with

Schedule III.

Pattern of income

(1) If the court is of the opinion that the determination of a parent's annual income under

Section 16 would not be the fairest determination of that income, the court may have

regard to the parent's income over the last 3 years and determine an amount that is

fair and reasonable in light of any pattern of income, fluctuation in income or receipt

of a non-recurring amount during those years.

Non-recurring losses

(2) Where a parent has incurred a non-recurring capital or business investment loss, the

court may, if it is of the opinion that the determination of the parent's annual income

under

Section 16 would not provide the fairest determination of the annual income,

choose not to apply Sections 6 and 7 of

Schedule III, Adjustments to Income, as

adopted herein, and adjust the amount of the loss, including related expenses and

carrying charges and interest expenses, to arrive at such amount as the court

considers appropriate.

Shareholder, director or officer

(1) Where a parent is a shareholder, director or officer of a corporation and the court is

of the opinion that the amount of the parent's annual income as determined under

Section 16 does not fairly reflect all the money available to the parent for the

payment of child support, the court may consider the situations described in

Section

17 and determine the parent's annual income to include

(

a) all or part of the pre-tax income of the corporation, and of any corporation that

is related to that corporation, for the most recent taxation year; or

(

b) an amount commensurate with the services that the parent provides to the

corporation, provided that the amount does not exceed the corporation's pre-tax

income.

Adjustment to corporation's pre-tax income

(2) In determining the pre-tax income of a corporation for the purposes of subsection

(1), all amounts paid by the corporation as salaries, wages or management fees, or

other payments or benefits, to or on behalf of persons with whom the corporation

does not deal at arm's length must be added to the pre-tax income, unless the parent

establishes that the payments were reasonable in the circumstances.

Imputing income

(1) The court may impute such amount of income to a parent as it considers appropriate

in the circumstances, which circumstances include the following:

(

a) the parent is intentionally under-employed or unemployed, other than where

the under-employment or unemployment is required by the needs of a child to

whom the order relates or any child under the age of majority or by the

reasonable educational or health needs of the parent;

(

b) the parent is exempt from paying federal or provincial income tax;

(

c) the parent lives in a country that has effective rates of income tax that are

significantly lower than those in Canada;

(

d) it appears that income has been diverted which would affect the level of child

support to be determined under these Guidelines;

(

e) the parent's property is not reasonably utilized to generate income;

(

f) the parent has failed to provide income information when under a legal

obligation to do so;

(

g) the parent unreasonably deducts expenses from income;

(

h) the parent derives a significant portion of income from dividends, capital gains

or other sources that are taxed at a lower rate than employment or business

income or that are exempt from tax; and

(

i) the parent is a beneficiary under a trust and is or will be in receipt of income or

other benefits from the trust.

Reasonableness of expenses

(2) For the purpose of clause (1)(g), the reasonableness of an expense deduction is not

solely governed by whether the deduction is permitted under the Income Tax Act

(Canada).

Non-resident

(1) Except as provided in subsection (2), if a spouse is a non-resident of Canada, the

spouse’s annual income is determined as though the spouse were a resident of

Canada.

(2) If a spouse is a non-resident of Canada and resides in a country that has effective

rates of income tax that are significantly higher than those applicable in the province

in which the other spouse ordinarily resides, the spouse’s annual income is the

amount that the court determines to be appropriate taking those rates into

consideration.

Income Information

Obligation of applicant

(1) A parent who is applying for a child support order and whose income information is

necessary to determine the amount of the order must file the following:

(

a) a copy of every personal income tax return filed by the parent for each of the

three most recent taxation years;

(

b) a copy of every notice of assessment and re-assessment issued to the parent for

each of the 3 most recent taxation years;

(

c) where the parent is an employee, the most recent statement of earnings

indicating the total earnings paid in the year to date, including overtime or,

where such a statement is not provided by the employer, a letter from the

parent's employer setting out that information including the parent's rate of

annual salary or remuneration;

(

d) where the parent is self-employed, for the three most recent taxation years

(

i) the financial statements of the parent's business or professional practice,

other than a partnership, and

(ii) a statement showing a breakdown of all salaries, wages, management

fees or other payments or benefits paid to, or on behalf of, persons or

corporations with whom the parent does not deal at arm's length;

(

e) where the parent is a partner in a partnership, confirmation of the parent's

income and draw from, and capital in, the partnership for its three most recent

taxation years;

(

f) where the parent controls a corporation, for its three most recent taxation years

(

i) the financial statements of the corporation and its subsidiaries, and

(ii) a statement showing a breakdown of all salaries, wages, management

fees or other payments or benefits paid to, or on behalf of, persons or

corporations with whom the corporation, and every related corporation,

does not deal at arm's length;

(

g) where the parent is a beneficiary under a trust, a copy of the trust settlement

agreement and copies of the trust's three most recent financial statements; and

(

h) in addition to any income information that must be included under clauses (

c) to (g), where the parent receives income from employment insurance, social

assistance, a pension, workers' compensation, disability benefits or any other

source, the most recent statement of income indicating the total amount of

income from the applicable source during the current year, or if such a

statement is not provided, a letter from the appropriate authority stating the

required information.

Obligation of respondent

(2) A parent who is served with an application for a child support order and whose

income information is necessary to determine the amount of the order, must, within

20 days if the application is served in Nova Scotia, 40 days if served elsewhere in

Canada or the United States, or within 60 days if served in any other place, or such

other time limit as the court or rules of the court specify, provide the court, as well as

the other parent or the order assignee, as the case may be, with the documents

referred to in subsection (1).

Special expenses or undue hardship

(3) Where, in the course of proceedings in respect of an application for a child support

order, a parent requests an amount to cover expenses referred to in subsection 7(1) or

pleads undue hardship, the parent who would be receiving the amount of child

support must, within 20 days after the amount is sought or undue hardship is pleaded

if the parent is served in Nova Scotia, 40 days if the parent is served elsewhere in

Canada or the United States, or within 60 days if the parent is served in any other

place, or such other time limit as the court or rules of the court specify, provide the

court and the other parent with the documents referred to in subsection (1).

Income over $150 000

(4) Where, in the course of proceedings in respect of an application for a child support

order, it is established that the income of the parent who would be paying the amount

of child support is greater than $150 000, the other parent must, within 20 days after

the income is established to be greater than $150 000 if the parent is served in Nova

Scotia, 40 days if the parent is served elsewhere in Canada or the United States, or

within 60 days if the parent is served in any other place, or such other time limit as

the court or rules of the court specify, provide the court and the other parent with the

documents referred to in subsection (1).

Making of rules not precluded

(5) Nothing in this

Section precludes the making of rules by the court respecting the

disclosure of income information that is considered necessary for the purposes of the

determination of an amount of a child support order.

Failure to comply

(1) Where a parent fails to comply with

Section 21, the other parent may apply

(

a) to have the application for a child support order set down for a hearing, or

move for judgment;

(

b) for an order requiring the parent who failed to comply to provide the court, as

well as the other parent or order assignee, as the case may be, with the required

documents; or

(

c) for production pursuant to

Section 29A of the Act.

Costs of the proceedings

(2) Where a court makes an order under clause (1)(a), (

b) or (c), the court may award

costs in favour of the other parent up to an amount that fully compensates the other

parent for all costs incurred in the proceedings.

Adverse inference

23 Where the court proceeds to a hearing on the basis of an application under clause 22(1)(a),

the court may draw an adverse inference against the parent who failed to comply and

impute income to that parent in such amount as it considers appropriate.

Failure to comply with court order

24 Where a parent fails to comply with an order issued on the basis of an application under

clause 22(1)(

b) or (c), the court may

(

a) require the parent to appear to explain the failure to comply, pursuant to

subsection 41(1) of the Act;

(

b) strike out any of the parent's pleadings;

(

c) make a contempt order against the parent, pursuant to subsection 41(2) of the

Act;

(

d) require production pursuant to

Section 29A of the Act;

(

e) proceed to a hearing, in the course of which it may draw an adverse inference

against the parent and impute income to that parent in such amount as it

considers appropriate; and

(

f) award costs in favour of the other parent up to an amount that fully

compensates the other parent for all costs incurred in the proceedings.

Continuing obligation to provide income information

(1) Every parent against whom a child support order has been made must, on the written

request of the other parent or the order assignee, not more than once a year after the

making of the order and as long as the child is a child within the meaning of these

Guidelines, provide that other parent or the order assignee with

(

a) the documents referred to in subsection 21(1) for any of the three most recent

taxation years for which the parent has not previously provided the documents;

(

b) as applicable, any current information, in writing, about the status of any

expenses included in the order pursuant to subsection 7(1); and

(

c) as applicable, any current information, in writing, about the circumstances

relied on by the court in a determination of undue hardship.

Below minimum income

(2) Where a court has determined that the parent against whom a child support order is

sought does not have to pay child support because his or her income level is below

the minimum amount required for application of the tables, that parent must, on the

written request of the other parent, not more than once a year after the determination

and as long as the child is a child within the meaning of these Guidelines, provide

the other parent with the documents referred to in subsection 21(1) for any of the

three most recent taxation years for which the parent has not previously provided the

documents.

Obligation of receiving parent

(3) Where the income information of the parent in favour of whom a child support order

is made is used to determine the amount of the order, the parent must, not more than

once a year after the making of the order and as long as the child is a child within the

meaning of these Guidelines, on the written request of the other parent, provide the

other parent with the documents and information referred to in subsection (1).

Information requests

(4) Where a parent or an order assignee requests information from the other parent under

any of subsections (1) to (3) and the income information of the requesting parent is

used to determine the amount of the child support order, the requesting parent or

order assignee must include the documents and information referred to in subsection

(1) with the request.

Time limit

(5) A parent who receives a request made under any of subsections (1) to (3) must

provide the required documents within 30 days after the request's receipt if the parent

resides in Canada or the United States and within 60 days after the request's receipt if

the parent resides elsewhere.

Deemed receipt

(6) A request made under any of subsections (1) to (3) is deemed to have been received

10 days after it is sent.

Failure to comply

(7) A court may, on application by either parent or an order assignee, where the other

parent has failed to comply with any of subsections (1) to (3)

(

a) award costs in favour of the applicant up to an amount that fully compensates

the applicant for all costs incurred in the proceedings;

(

b) make an order requiring the other parent to provide the required documents to

the court, as well as to the parent or order assignee, as the case may be, and

consider that parent to be in contempt of court, pursuant to subsection 41(2) of

the Act, if the order is not complied with; or

(

c) require production pursuant to

Section 29A of the Act.

Unenforceable provision

(8) A provision in a judgment, order or agreement purporting to limit a parent's

obligation to provide documents under this

Section is unenforceable.

Schedule I - Child Support Tables

(Subsection 2(1))

Schedule I of the Federal Child Support Guidelines established pursuant to

Section 26.1 of

the Divorce Act (Canada), as amended from time to time, is adopted for the purposes of

these Guidelines.

2 In applying

Schedule I of the Federal Child Support Guidelines , any reference to

(a) “spouse” shall be read as a reference to “parent” as defined in clause 2(1)(

e) of

these Guidelines;

(b) “child” or “child of the marriage” shall be read as a reference to “child” as

defined by clause 2(1)(

b) of these Guidelines;

Schedule II - Comparison of Household Standards of Living Test

(Subsection 10(4))

Schedule II of the Federal Child Support Guidelines established pursuant to

Section 26.1

of the Divorce Act (Canada), as amended from time to time, is adopted for the purposes of

these Guidelines.

2 In applying

Schedule II of the Federal Child Support Guidelines , any reference to

(a) “spouse” shall be read as a reference to “parent” as defined in clause 2(1)(

e) of

these Guidelines;

(b) “child” or “child of the marriage” shall be read as a reference to “child” as

defined by clause 2(1)(

b) of these Guidelines;

Schedule III - Adjustments to Income

(Section 16)

Schedule III of the Federal Child Support Guidelines established pursuant to

Section 26.1

of the Divorce Act (Canada), as amended from time to time, is adopted for the purposes of

these Guidelines.

2 In applying

Schedule III of the Federal Child Support Guidelines , any reference to

(a) “spouse” shall be read as a reference to “parent” as defined in clause 2(1)(

e) of

these Guidelines;

(b) “child” or “child of the marriage” shall be read as a reference to “child” as

defined by clause 2(1)(

b) of these Guidelines;

Legislative History

Reference Tables

Provincial Child Support Guidelines

N.S. Reg.

53/1998

Parenting and Support Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Provincial Child Support Guidelines made

under the Parenting and Support Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

53/1998

Aug 31, 1998

date specified 1

Aug 28, 1998

187/2000

Nov 1, 2000

date specified

Dec 1, 2000

67/2006

May 1, 2006

date specified

May 26, 2006

294/2007

Jun 7, 2007

date specified

Jun 22, 2007

83/2017

May 26, 2017

date specified

May 12, 2017

49/2022

Apr 1, 2022

date specified

Apr 8, 2022

The following regulations are not yet in force and

are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

Citation 3 ............................................

am. 83/2017

2(1) ...................................................

am. 83/2017 (clause lettering removed)

2(1) defn . of “Act” ...........................

am. 83/2017

2(1) defn . of “child” .........................

am. 83/2017

2(1) defn . of “majority of

parenting time” ........................................................

ad. 49/2022

2(1) defn . of “parent” .......................

am. 83/2017

2(1)(

g) defn . of

“universal child care benefit” ...........................................

ad. 294/2007

7(1) ...................................................

rs . 187/2000

7(1)(c)-(d) .........................................

rs . 187/2000

7(1A) ................................................

ad. 67/2006

7(3) ...................................................

rs . 294/2007

7(4) ...................................................

ad. 294/2007

8 ........................................................

rs . 83/2017; am. 49/2022

9 ........................................................

am. 83/2017

9(b) ..............................................

am. 49/2022

10(2)(b) .............................................

am. 83/2017

14 ......................................................

am. 187/2000

16 ......................................................

rs . 187/2000; am. 294/2007

17(1) .................................................

rs . 187/2000

19(1)(h) .............................................

rs . 187/2000

20 ......................................................

rs . 67/2006

21(1)(b) .............................................

rs . 187/2000

21(1)(h) .............................................

rs . 187/2000

26 ......................................................

rep. 83/2017

Schedule I, 2(c)-(d) ..........................

rep. 83/2017

Schedule II, 2(c)-(d) .........................

rep. 83/2017

Schedule III, 2(c)-(d) ........................

rep. 83/2017

“maintenance” and “maintain” replaced with “support”

throughout (except in clauses 10(2)(

a) and 14(c)) ............

am. 83/2017

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

The regulations are effective on proclamation of An

Act to Amend

Chapter 160 of the Revised Statutes of Nova Scotia, 1989, the

Family Maintenance Act , S.N.S. 1997, c. 3 (N.S. Reg. 63/1998).

Aug 31, 1998

The title of the Act is changed from the Maintenance

and Custody Act to the Parenting and Support Act by

An Act to

Amend

Chapter 160 of the Revised Statutes of Nova Scotia, 1989, the

Maintenance and Custody Act , S.N.S. 2015, c. 44.

May 26, 2017

Title of regulations amended

from Child Maintenance Guidelines .

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.