In certain cases, a parent may pay a different amount of support than what the Child Support Tables 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 find they cannot afford to pay the amount required by the Child Support Table. 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.

To claim undue hardship you will have to go to court and provide financial documents to support your claim. The judge will compare the standard of living of your household and the other parent’s household, including the incomes of any new spouses. If you have a higher standard of living than the other parent’s household you cannot get a reduction in child support payments. More information about undue hardship is available here.

A claim of undue hardship could also be made if the receiving parent can show that receiving only the Table amount would create undue hardship. Again the court would consider the standard of living in both households to determine if receiving the Table amount would create undue hardship.

Independent children

Child support is generally required until a child turns 18 (the age of majority in Saskatchewan), which is the age that they should be able to live on their own and take care of themselves. This is the case except when a child over 18 is still a dependent, like if they are still going to school full-time or have an illness or disability. But independence can occur before a child turns 18, and in these cases, a parent may not be required to pay support.

If a paying parent can prove that a child under 18 (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 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

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. However, courts will consider the duty of the child’s other parents to provide support when determining the amount of child support a step-parent will be required to pay. More information is available here.

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

Saskatchewan has arrangements with other provinces and some countries so that a parent can apply for child support or apply to make changes to child support even if the other parent lives in a different province or country.

These arrangements make it possible to do this without having to go there. Depending on where the other parent moved, it may be possible to get what’s called an interjurisdictional support order. See the Interjurisdictional Support Orders Unit (ISO) for more information and forms.