Yes, you usually still pay child support in Nunavut even with a 50/50 parenting arrangement. Under section 9 of the Federal Child Support Guidelines § 9, when each parent has the child at least 40% of the time, the higher-earning parent typically pays the "set-off" difference between the two parents' table amounts—not zero.
Child support in Nunavut is governed by the federal Divorce Act § 26.1 and the Federal Child Support Guidelines (SOR/97-175). For shared parenting arrangements where both parents exercise at least 40% of parenting time, Federal Child Support Guidelines § 9 replaces the standard table-amount calculation with a three-factor analysis. The 2025 Federal Child Support Tables, effective November 22, 2025, apply to Nunavut and use a $12,000 income threshold below which no table support is owed. All matters proceed through the Nunavut Court of Justice in Iqaluit, a unified court that exercises both superior and territorial jurisdiction.
Key Facts: Child Support and Divorce in Nunavut
| Item | Detail |
|---|---|
| Filing Fee | Set by the Legislated Fee Structure for the Nunavut Court of Justice; the exact petition fee is not published online—contact the Civil Registry. Plus a mandatory $10 federal Central Registry of Divorce Proceedings fee (SOR/86-547). As of June 2026. Verify with your local clerk. |
| Waiting Period | Divorce typically granted after 1 year of separation; an additional ~31 days after judgment before the divorce is final |
| Residency Requirement | At least one spouse ordinarily resident in Nunavut for 1 year before filing (Divorce Act § 3(1)) |
| Grounds | Marriage breakdown—1-year separation, adultery, or cruelty (Divorce Act § 8) |
| Property Division | Equal division of family property under territorial law; child support governed federally |
| Shared Parenting Threshold | 40% or more parenting time per parent (Federal Child Support Guidelines § 9) |
Do You Still Pay Child Support With 50/50 Custody in Nunavut?
Yes. With 50/50 parenting time in Nunavut, the higher-income parent almost always still pays child support. Under Federal Child Support Guidelines § 9, reaching 40% parenting time does not eliminate the obligation—it changes how the amount is calculated. The court starts with a "set-off": it determines each parent's table amount, then the higher earner pays the difference.
The most common misconception about child support 50 50 custody Nunavut arrangements is that equal time means equal expenses, so no money changes hands. This is incorrect. The Federal Child Support Guidelines are built on the principle that children should benefit from both parents' incomes at the level they would have enjoyed had the family stayed together. When one parent earns $90,000 and the other earns $45,000, the children would experience a higher standard of living in the wealthier parent's home. Child support bridges that gap. Under the set-off method, the parent earning $90,000 pays their full table amount minus the table amount the $45,000 parent would owe—producing a net payment from the higher earner to the lower earner even in a perfectly equal 50/50 schedule.
The 40% Rule: When Section 9 Applies
Shared parenting child support rules apply only when each parent exercises at least 40% of parenting time over the course of a year. Federal Child Support Guidelines § 9 states that if each spouse exercises "not less than 40%" of parenting time, the court determines support using a special three-factor analysis rather than the standard table amount alone.
The 40% threshold is the gateway to shared custody child support calculations. A parent with 39% of parenting time uses the standard Guidelines table amount—the full table figure based on the payor's income with no set-off. A parent who crosses to 40% unlocks the discretionary Federal Child Support Guidelines § 9 analysis. This creates a sharp financial cliff, which is why the precise counting of parenting time is frequently contested in Nunavut Court of Justice proceedings. Courts may count time mathematically (total hours per year) or functionally (which parent bears responsibility for the child during a given period, including school and sleep hours). A 50/50 arrangement comfortably exceeds the threshold for both parents, so Federal Child Support Guidelines § 9 always governs equal-time cases. Once the threshold is met, there is no automatic formula—meeting 40% simply permits the court to depart from the straight table amount and weigh the broader circumstances of both households.
How the Set-Off Calculation Works
The set-off is the starting point for 50/50 parenting time support in Nunavut. The court calculates what each parent would pay the other under the Guidelines table if that other parent had sole parenting time, then subtracts the smaller amount from the larger. The higher earner pays the difference.
Consider a Nunavut example with two children. The 2025 Federal Child Support Tables for Nunavut apply. Suppose Parent A earns $85,000 and Parent B earns $50,000, with 50/50 parenting. Using the territorial table, Parent A's table amount for two children might be roughly $1,180 per month, and Parent B's roughly $730 per month. The set-off amount is $1,180 minus $730, leaving Parent A paying approximately $450 per month to Parent B. The exact figures depend on the current Nunavut table, which incorporates territorial tax rules and differs slightly from provincial tables. This set-off ($450 in the example) is only the presumptive starting figure. Under Federal Child Support Guidelines § 9, the court then examines the increased costs of shared parenting and each parent's means, needs, and circumstances before settling on the final amount—which can be higher or lower than the straight set-off.
Section 9's Three-Factor Test Beyond the Set-Off
The set-off is the first factor, not the final answer. Federal Child Support Guidelines § 9 requires Nunavut courts to weigh three factors: (a) the table amounts for each parent, (b) the increased costs of shared parenting arrangements, and (c) the conditions, means, needs, and circumstances of each parent and child.
The Supreme Court of Canada in Contino v. Leonelli-Contino, 2005 SCC 63, confirmed that judges cannot stop at the section 9(a) set-off. They must conduct a holistic inquiry into all three factors. Factor (b)—increased costs—recognizes that shared parenting often duplicates expenses: two bedrooms, two sets of clothing, two homes' worth of food and supplies. A parent claiming the set-off should reduce because of these duplicated costs must produce "robust" budget evidence, not bare assertions. Factor (c) lets the court adjust for income disparity, special expenses, and the actual living standards in each home. In practice, this means a do I still pay child support with joint custody question rarely has a simple answer in Nunavut: the court may order the set-off amount, more than the set-off (to equalize household standards), or less (where duplicated costs are minimal). A 2024 Justice Canada engagement survey found most respondents felt section 9 was difficult to apply and not effective—reflecting how fact-specific and discretionary these equal custody child support determinations are.
Filing Fees and Court Costs in Nunavut
The Nunavut divorce filing fee is set by the Legislated Fee Structure for the Nunavut Court of Justice, but the exact petition fee is not published online—you must confirm it with the Civil Registry in Iqaluit. As of June 2026, every Canadian divorce also requires a mandatory $10 federal Central Registry of Divorce Proceedings fee under SOR/86-547. Verify all amounts with your local clerk.
Divorce in Nunavut begins by filing a Petition for Divorce (Form 1) or a Joint Petition for Divorce with the Civil Registry, which is located in Iqaluit and serves the entire territory. The Nunavut Court of Justice is a unified single-level trial court: its judges exercise both the powers of a superior court (required to grant divorces under the Divorce Act) and those of a territorial court. Because Nunavut does not publish its full fee schedule online, parents should contact the Civil Registry directly at 867-975-6100 or toll-free 1-866-286-0546, or email NCJ.civil@gov.nu.ca, to confirm the current petition fee, service costs, and any motion fees. For comparison, total divorce filing costs across Canadian jurisdictions range from roughly $118 to $704. Fee waivers may be available for low-income applicants—ask the registry. There is no separate fee to have child support calculated within a divorce proceeding; the support order is part of the divorce judgment or a corollary relief order.
Residency, Grounds, and Timeline
To file for divorce in Nunavut, at least one spouse must have been ordinarily resident in the territory for at least one year immediately before filing, under Divorce Act § 3(1). The sole ground is marriage breakdown, most commonly proven by a one-year separation under Divorce Act § 8.
The one-year residency rule is a federal requirement applying across Canada—there is no additional community-level requirement within Nunavut. If neither spouse meets it, you must file where one of you qualifies. Marriage breakdown can be established three ways under Divorce Act § 8: one year of separation (by far the most common and the easiest to prove), adultery, or physical or mental cruelty. You may start a divorce proceeding immediately after separating; the court grants the divorce judgment after the 12-month separation period is complete. After the judgment is issued, there is typically a further 31-day waiting period before the divorce becomes final and a Certificate of Divorce can be issued. Child support, parenting time, and decision-making responsibility are resolved as corollary relief within the same proceeding. For 50/50 parenting time support questions, the court applies Federal Child Support Guidelines § 9 as part of the corollary relief order, ensuring children are supported regardless of how the divorce timeline unfolds.
Parenting Arrangements and Decision-Making in Nunavut
Nunavut uses federal Divorce Act terminology: "parenting time" and "decision-making responsibility" rather than custody. A parenting order under Divorce Act § 16.1 allocates parenting time and decision-making, and these allocations directly determine whether the 40% shared-parenting threshold for Federal Child Support Guidelines § 9 is met.
The 2021 amendments to the Divorce Act (in force March 1, 2021) replaced "custody" and "access" with "parenting time" and "decision-making responsibility." Under Divorce Act § 16, every parenting decision must be made in the best interests of the child, with primary consideration given to the child's physical, emotional, and psychological safety, security, and well-being. A parenting order can grant joint decision-making responsibility while parenting time is split 50/50, or it can allocate decision-making to one parent while time is shared. For child support, what matters is parenting time, not decision-making. Two parents with equal 50/50 parenting time both exceed the 40% threshold, triggering the shared custody child support analysis regardless of how decision-making is divided. Nunavut courts may also consider the unique circumstances of remote communities—travel costs between hamlets, the role of extended family, and Inuit cultural connections—when setting parenting arrangements and assessing the increased costs of shared parenting under section 9(b).
Enforcing and Collecting Child Support in Nunavut
Child support orders in Nunavut are enforced through the Family Support Program (Family Support Office), based in Iqaluit. Either parent can register a court order or written separation agreement by contacting maintenanceenforcement@gov.nu.ca or calling 867-975-6112. The office assigns a case number and begins enforcement, including wage garnishment capped at 25% of gross income for arrears.
Registration with the Family Support Office is optional but strongly recommended for reliable collection. Parents may pay each other directly, but registering creates an official payment record and unlocks enforcement tools if payments stop. To register, send a certified copy of the court order or separation agreement to the Iqaluit office. Under the Maintenance Orders Enforcement Act, the Family Support Office can issue a garnishee summons requiring an employer to deduct support directly from wages before the employee is paid; employers cannot charge a processing fee, and child support garnishment takes priority over most other attachments. The office can also intercept federal and territorial tax refunds—recovering 100% of the intercepted amount toward arrears—making refund interception one of the most effective tools. To change a support amount when income changes, Nunavut parents generally must return to the Nunavut Court of Justice; because section 9 shared-parenting cases are discretionary, they are typically not eligible for administrative recalculation services and require a court application.