Child support in Nunavut follows the Federal Child Support Guidelines, SOR/97-175, which mandate specific monthly payment amounts based on the paying parent's gross annual income and number of children. Under the updated tables effective October 1, 2025, parents earning $80,000 annually pay approximately $1,130-$1,170 per month for two children, while no support is payable for incomes at or below $16,000 annually. The Family Support Program in Iqaluit enforces all court-ordered support through wage garnishment, tax refund interception, and passport denial for arrears exceeding $3,000.
Key Facts: Nunavut Child Support
| Category | Details |
|---|---|
| Governing Law | Federal Child Support Guidelines, SOR/97-175, Divorce Act, R.S.C. 1985, c. 3 |
| Table Effective Date | October 1, 2025 (current through 2026) |
| Minimum Income Threshold | $16,000 annual gross income (below this, $0 support payable) |
| Enforcement Agency | Family Support Program, Iqaluit |
| Arrears Interest Rate | Not specified in territorial regulations |
| Passport Denial Threshold | $3,000 in arrears |
| Garnishment Cap | 25% of gross income for arrears |
How Child Support Is Calculated in Nunavut
Child support in Nunavut is calculated using the Federal Child Support Guidelines table amounts, which specify exact monthly payments based on the paying parent's before-tax annual income and number of children. Under Federal Child Support Guidelines, s. 3, the Nunavut table incorporates territorial tax rates to determine support amounts that differ slightly from provincial tables. For a parent earning $50,000 annually with one child, the monthly support obligation is approximately $460-$480, while the same income with two children yields approximately $680-$720 per month.
The October 2025 update to the Federal Child Support Tables marked the first comprehensive revision since 2017, adjusting amounts to reflect current tax rules and economic conditions. Parents earning at or below $16,000 gross annually now have a base table amount of $0, reflecting the updated federal basic personal amount where tax obligations begin. This self-support reserve ensures paying parents retain enough income to meet their own basic needs before support obligations apply.
Income Determination for Child Support
The paying parent's income for child support purposes includes all sources of before-tax income as defined in Federal Child Support Guidelines, s. 16. Total income includes employment income, self-employment earnings, rental income, investment income, pension income, and government benefits including Employment Insurance and workers' compensation. Courts may impute income to a parent who is intentionally underemployed or unemployed, earning income in a non-taxable form, or living in a country with lower tax rates.
For self-employed parents, courts examine gross revenue minus reasonable business expenses to determine annual income. The Guidelines specifically allow courts to add back depreciation deductions, personal expenses disguised as business costs, and excessive compensation paid to related parties. Parents with variable income from commissions, bonuses, or seasonal work typically have support calculated on a three-year income average.
The Federal Child Support Tables for Nunavut
The Nunavut child support table specifies monthly payments for incomes from $16,000 to $150,000 in $1,000 increments, with one through six children per column. A parent earning $80,000 annually with two children pays approximately $1,130-$1,170 per month, while the same income with one child yields approximately $760-$790 monthly. For incomes exceeding $150,000, Federal Child Support Guidelines, s. 4 provides a formula using the table amount for the first $150,000 plus a percentage of income above that threshold.
The table amounts represent the basic monthly support reflecting average spending on children at different income levels in Canada. These amounts are calculated on the basis that child support payments are no longer taxable to the receiving parent and no longer deductible by the paying parent, a change implemented in 1997. The formula considers federal and territorial income taxes and credits while excluding the Canada Child Benefit and GST/HST credit attributable to children.
| Annual Gross Income | 1 Child (Monthly) | 2 Children (Monthly) | 3 Children (Monthly) |
|---|---|---|---|
| $40,000 | $375-$395 | $565-$590 | $695-$725 |
| $60,000 | $540-$565 | $820-$855 | $1,020-$1,065 |
| $80,000 | $760-$790 | $1,130-$1,170 | $1,380-$1,425 |
| $100,000 | $980-$1,015 | $1,440-$1,485 | $1,750-$1,810 |
| $120,000 | $1,180-$1,225 | $1,735-$1,795 | $2,115-$2,185 |
Note: Amounts are approximate based on 2025 Federal Child Support Tables. Verify current amounts using the official lookup tool at justice.gc.ca. As of January 2026.
Shared Parenting Time and Child Support
Under Federal Child Support Guidelines, s. 9, when each parent has the child for at least 40% of the time over the course of a year, courts use the "set-off" method to calculate support. Each parent's table amount is calculated based on their income, and the parent with the higher income pays the difference between the two amounts. For example, if Parent A earns $80,000 ($1,150/month for two children) and Parent B earns $50,000 ($700/month for two children), Parent A pays the difference of $450 monthly.
Shared parenting arrangements require documentation of actual parenting time to qualify for the set-off calculation. Courts examine calendars, school schedules, and activity records to verify that each parent exercises at least 40% parenting time. The 2021 Divorce Act amendments replaced the terms "custody" and "access" with "parenting time" and "decision-making responsibility," reflecting modern understanding that children benefit from meaningful relationships with both parents when both are capable and involved.
When parenting time falls below 40% for one parent, the standard table amount applies based solely on the paying parent's income. Courts retain discretion under Federal Child Support Guidelines, s. 10 to adjust support amounts when strict application of the tables would be inequitable given the increased costs of shared parenting. Factors considered include the actual costs incurred by each parent, the child's needs, and the financial circumstances of both households.
Special or Extraordinary Expenses (Section 7)
Beyond the basic table amount, Federal Child Support Guidelines, s. 7 allows courts to order contributions to special or extraordinary expenses. These expenses are shared between parents in proportion to their incomes after considering any subsidies, tax benefits, or credits. For example, if Parent A earns $100,000 and Parent B earns $50,000, Parent A pays two-thirds (66.7%) of qualifying expenses while Parent B pays one-third (33.3%).
Qualifying special or extraordinary expenses under Section 7 include:
- Child care expenses incurred for employment, illness, disability, or education of the parent with primary parenting time
- Medical and dental insurance premiums attributable to the child
- Health-related expenses exceeding $100 per year not covered by insurance, including orthodontics, counselling, medication, and vision care
- Extraordinary expenses for primary or secondary education addressing the child's particular needs
- Post-secondary education expenses including tuition and related costs
- Extracurricular activities that are extraordinary given the family's circumstances
An expense qualifies as "extraordinary" when it exceeds what a parent can reasonably cover considering their income and the table child support amount received. Regular clothing, school supplies, entertainment, and vacation costs are not Section 7 expenses because the table amount already includes average spending on these items. The receiving parent must demonstrate both the necessity and reasonableness of each claimed expense relative to the child's needs and the family's pre-separation spending patterns.
Net Costing of Section 7 Expenses
Courts apply net costing to determine the actual out-of-pocket amount parents share. If annual daycare costs $12,000 but tax credits provide $2,500 in savings, the net cost is $9,500 divided proportionally between parents. Parents must provide documentation of subsidies, benefits, and tax savings to calculate net costs accurately. The parent claiming the expense typically provides receipts and tax assessments showing actual costs and benefits received.
How to Apply for Child Support in Nunavut
To obtain a child support order in Nunavut, parents file an application with the Nunavut Court of Justice, the territory's unified trial court that handles all family law matters. The application must include financial disclosure, proposed parenting arrangements, and the requested support amount based on the Federal Child Support Guidelines tables. For divorce proceedings, child support applications follow Divorce Act, s. 15.1, while unmarried parents apply under the Children's Law Act, C.S.Nu., c. C-70.
The Nunavut Court of Justice Registry can be reached at 867-975-6100 or toll-free at 1-866-286-0546 for procedural questions about filing applications. Parents should prepare:
- Two pieces of identification
- Two current pay stubs or proof of income
- Last two years of CRA Notice of Assessment
- Financial statement disclosing income, expenses, assets, and debts
- Documentation of existing parenting arrangements
Legal Aid for Family Law Matters
The Legal Services Board of Nunavut provides family legal aid for child support, spousal support, parenting arrangements, and child welfare matters. Financial eligibility is assessed by comparing monthly income minus expenses to social assistance levels, with applicants required to submit pay stubs and expense documentation. According to the Legal Services Board, legal aid is rarely denied even to those with higher incomes given the significant challenges finding private counsel in Nunavut.
Contact Legal Services Board: Toll-free 1-866-606-9400 for family law assistance. The Board covers divorce only when combined with parenting arrangements or support issues. Contribution agreements may be offered when applicants exceed financial eligibility thresholds but cannot afford private representation.
Enforcement Through the Family Support Program
The Family Support Program operated by the Nunavut Department of Justice in Iqaluit enforces all court-ordered child support payments. Under the Maintenance Orders Enforcement Act, R.S.N.W.T. (Nu) 1988, c. M-2, the Family Support Office (FSO) can issue a garnishee summons requiring employers to deduct support directly from paycheques before the employee receives wages. Garnishment has priority over most other wage attachments under Nunavut law.
Enforcement mechanisms available through the FSO include:
- Wage garnishment of up to 25% of gross income for arrears
- Interception of federal and territorial income tax refunds
- Reporting arrears to credit bureaus
- Passport denial for arrears exceeding $3,000
- Federal license suspension (pilot, aviation, marine)
- Provincial/territorial driver's license suspension
Parents can register with the Family Support Office regardless of whether they are the paying or receiving parent. Once registered, the FSO collects payments from employment income, social assistance deposits, or other income sources and forwards amounts to the receiving parent. Registration is available for existing court orders or written support agreements.
Contact the Family Support Office at MaintenanceEnforcement@gov.nu.ca or 867-975-6112. Mailing address: Box 1000, Station 590, Iqaluit, Nunavut X0A 0H0. Include your three-digit case number and full legal name on all correspondence.
Modifying Child Support Orders
Either parent may apply to vary child support when a material change in circumstances occurs under Divorce Act, s. 17. The updated Federal Child Support Tables effective October 1, 2025 automatically create potential grounds for variation if the new table produces a materially different amount from an existing order. Existing orders do not update automatically; parents must apply for recalculation through the court or the Recalculation Program.
Material changes justifying support modification include:
- Significant income change (typically 10% or more) for either parent
- Change in the number of children requiring support
- Child reaching the age of majority (18 in Nunavut) but remaining a dependent
- Change in parenting time arrangements affecting the 40% shared parenting threshold
- Child's special needs creating new extraordinary expenses
- Loss of employment, disability, or retirement of the paying parent
Applications to vary child support require updated financial disclosure from both parents. Courts compare the existing order amount to what the current Guidelines would require given changed circumstances. A variation is appropriate when the difference is significant enough to warrant court intervention, typically assessed on a case-by-case basis rather than a fixed percentage threshold.
Child Support for Adult Children
Under Federal Child Support Guidelines, s. 3(2), support obligations continue for children at or over the age of majority who remain unable to withdraw from parental charge due to illness, disability, or other cause, including pursuit of reasonable education. Post-secondary students typically qualify for continued support when enrolled full-time in programs providing meaningful career preparation.
For adult children, courts may order support based on the table amount, discretionary amounts under section 3(2)(b), or a combination addressing both basic needs and specific educational expenses. University students commonly receive table-based support plus proportional sharing of tuition, books, and reasonable living expenses beyond what part-time employment covers. Courts consider the child's own contribution through employment, scholarships, and student loans when determining appropriate support levels.
Parents of adult children retain disclosure obligations and may request information about the child's academic progress, course enrollment, and employment to assess ongoing eligibility for support.
Tax Treatment of Child Support
Child support payments are tax-neutral in Canada since May 1997. The receiving parent does not include child support as taxable income, and the paying parent cannot deduct child support payments from income. This treatment applies regardless of whether payments are made directly between parents or through the Family Support Office.
The tax-neutral treatment affects how table amounts are calculated. Prior to 1997, receiving parents paid tax on support while paying parents claimed deductions, requiring higher gross payments to achieve the same net amount for children. Current table amounts reflect take-home calculations where the full payment benefits the child without tax adjustments.
Section 7 expenses may provide tax benefits to the parent who pays and claims the expense. Child care expenses claimed under the Income Tax Act generate tax credits for the claiming parent, which must be factored into net costing calculations when determining proportional sharing.