Prince Edward Island Child Support Laws 2025

In Prince Edward Island, child support is calculated under the Federal Child Support Guidelines (SOR/97-175), a set of federal regulations made under the Divorce Act (RSC 1985, c. 3 (2nd Supp.)), using income-based tables that set a monthly amount according to the paying parent's gross income and the number of children. PEI is not a designated province, so the federal tables govern Divorce Act proceedings, and the province's own Children's Law Act framework mirrors those same federal tables for non-divorce cases.

Information last verified on 2026-06-07. This article has not yet been reviewed by a licensed lawyer.

---

For a broader overview of how Canada's two-track child support system works, see the Canada child support laws hub.

---

Which guidelines apply in Prince Edward Island

Prince Edward Island is not one of Canada's three designated provinces. The designated provinces (Manitoba, New Brunswick, and Quebec) have their own provincial guidelines that replace the federal guidelines even for Divorce Act proceedings when both parents live there. PEI is not among them.

PEI was previously designated, but that designation was revoked on June 22, 2006, shortly after PEI adopted the federal tables effective May 1, 2006. Since then, proceedings under the Divorce Act in Prince Edward Island follow the Federal Child Support Guidelines, SOR/97-175, in full. Non-divorce proceedings, including those involving unmarried parents or married parents who separate without pursuing a formal divorce, are governed by the provincial Children's Law Act framework, which adopts the same federal tables. The practical result is that the same income-based table amounts apply in virtually all PEI child support proceedings regardless of which procedural track applies.

If the paying parent and the recipient parent live in different provinces or territories, the federal guidelines apply based on the paying parent's province of residence. Because PEI uses the federal tables, parents whose income and circumstances are the same will see the same basic table amount whether they are in PEI or in another non-designated province.

How the federal tables calculate the basic monthly amount

The federal child support tables (Schedule I to SOR/97-175) determine the monthly basic amount using three factors only: the paying parent's province or territory of residence, the paying parent's annual gross income, and the number of children requiring support. The recipient parent's income is not part of the basic table calculation.

Annual income for child support purposes starts from line 15000 of the paying parent's most recent Canada Revenue Agency T1 General income tax return or Notice of Assessment (line 150 for tax years 2018 and prior). That gross figure is then adjusted in accordance with Schedule III of SOR/97-175 to account for items such as union dues, professional fees, employment expenses, and certain deductions. Because the table amounts are calculated on a gross income basis and already account for Canadian provincial and federal taxes, income is not converted to an after-tax figure.

The tables operate in $1,000 income increments. The monthly amount equals a base figure plus a percentage of income above the lower band of each increment. The October 1, 2025, update replaced the 2017 tables to reflect 2023 CRA tax rules. Under the updated tables, parents with annual income at or below $16,000 have a basic table amount of zero. Justice Canada's online 2025 Child Support Table Look-up tool at justice.gc.ca allows parents to look up the applicable amount instantly by entering province, income, and number of children.

The October 1, 2025, update does not automatically change existing court orders made before that date. A party must apply to court or use an administrative recalculation service to have an existing order updated to the 2025 tables. For child support retroactive to the period between November 22, 2017, and September 30, 2025, the 2017 tables apply.

Determining income: gross figures and imputed amounts

Both parents must provide full financial disclosure when child support is being set or varied. The standard package includes three years of income tax returns and Notices of Assessment, as well as any additional documents needed to accurately reflect income: business financial statements for a self-employed parent, dividend or capital gains records, or employment confirmation letters.

Where a parent's stated income does not accurately reflect their capacity to earn, a court may impute income to that parent under section 19 of the Federal Child Support Guidelines. Common grounds for imputing income include: intentional under-employment or unemployment, unless required by child care responsibilities, a health condition, or educational needs; earning income primarily from dividends or capital gains taxed at lower rates; receipt of trust income; or residing in a jurisdiction with significantly lower tax rates. When income varies significantly from year to year due to irregular commissions, seasonal work, or a non-recurring bonus, a court may average income over the three most recent years rather than relying on a single year.

Special and extraordinary expenses under section 7

The basic table amount covers routine day-to-day living costs for the child. Section 7 of SOR/97-175 provides for additional "special or extraordinary" expenses that are shared on top of the table amount. The six categories are:

1. Child care expenses arising from the recipient parent's employment, illness, disability, or education and training programme.
2. The portion of medical or dental insurance premiums that is attributable to the child.
3. Health-related expenses that exceed insurance reimbursement by more than $100 in a year, including orthodontics, counselling, physiotherapy, speech therapy, prescription drugs, hearing aids, and eyeglasses.
4. Extraordinary expenses for primary or secondary schooling, or other educational programmes that meet the child's particular needs.
5. Post-secondary education expenses.
6. Extraordinary extracurricular activity expenses.

An expense qualifies as "extraordinary" under section 7(1.1) when it exceeds what the recipient parent can reasonably be expected to cover given their income and the support they already receive, or when the court considers it extraordinary having regard to the amount involved, the nature and number of programmes, the child's special needs or talents, the overall cost of the programmes, and any other relevant circumstances.

Section 7 expenses are shared between the parents in proportion to their respective incomes, after deducting any contribution made directly by the child. Available tax credits, subsidies, and benefits related to each expense must be taken into account when calculating the net cost to be divided. The Canada Child Benefit and provincial equivalents are excluded from the income calculation.

Shared parenting and split custody

Shared parenting (section 9): When each parent has the child for not less than 40 per cent of parenting time over the course of a year, child support is not simply set at the paying parent's table amount. Under section 9 of SOR/97-175, the court must consider: (a) both parents' table amounts calculated as if each owed support to the other; (b) the increased costs that shared parenting arrangements impose because both households must maintain space and equipment for the child; and (c) the overall conditions, means, needs, and other circumstances of each parent and each child. The set-off of the two table amounts serves as a starting point rather than a ceiling. A court may award more than the set-off to account for the higher household costs of shared parenting.

Split custody (section 8): Split custody arises when one or more children live primarily with each parent, such as older children with one parent and younger children with the other. In a split custody situation, the support amount is the difference between what each parent would owe if the other sought an order against them. The higher-earning parent pays the net difference. This statutory set-off method is distinct from the shared parenting calculation under section 9.

Age of majority and support past age 18

The age of majority in Prince Edward Island is 18. Under section 2(1) of the Divorce Act, a "child of the marriage" includes not only children under the age of majority who have not withdrawn from the parents' charge, but also children who are at or over the age of majority but remain unable, by reason of illness, disability, or other cause, to withdraw from their charge or to obtain the necessaries of life.

Canadian courts consistently hold that a child who is pursuing a full-time post-secondary education programme in good faith constitutes an "other cause" within the meaning of the Divorce Act definition. Support in those circumstances may continue until the child completes a first degree or diploma, subject to the child's academic performance and the overall circumstances. The child's own contribution from part-time work, scholarships, or registered education savings is factored into the section 7 calculation for post-secondary expenses. Parents and courts assess each situation individually: there is no automatic cut-off at 18, but there is also no automatic extension for every post-secondary student.

Changing or updating an existing order

Child support is not fixed permanently. Either parent may apply to vary an existing order when there has been a change in circumstances that is both substantial and continuing. Common examples include a meaningful change in the paying parent's income, a change in the parenting arrangement crossing the 40 per cent threshold, or a change in the child's needs.

The 2025 update to the federal tables may itself constitute a change in circumstances warranting a variation application. The update does not operate automatically on existing orders, Parents who want their order adjusted to the 2025 table amounts must take steps to do so, either by consent agreement filed with the court or through a variation application.

For minor income-based adjustments that do not involve contested issues, PEI's administrative recalculation service provides a faster, court-free route.

Child Support Services Office: administrative recalculation in PEI

The Child Support Services Office, located at the Honourable C.R. McQuaid Family Law Centre in Charlottetown, operates PEI's administrative recalculation programme under the Child Support Regulations enacted under the Children's Law Act. This is a free government service that allows parents to update their existing child support orders without returning to court.

The recalculation process works by collecting current income information from both parents and applying the applicable federal table to produce a new monthly amount. The recalculated amount then replaces the old amount in the existing order without requiring a new court application. Parents who are registered with the Maintenance Enforcement Program may have their recalculated amounts automatically updated in the MEP system.

To access the service, contact the Child Support Services Office directly:

• Phone: 902-368-6220
• Email: Recalculation@gov.pe.ca
• In person: Honourable C.R. McQuaid Family Law Centre, 1 Harbourside Access Road, Charlottetown

This administrative route is not available in all circumstances. If the parents dispute income figures, if there is a section 7 expense issue, or if a change in custody arrangement is contested, a court application will be necessary.

Maintenance Enforcement Program: how PEI collects and enforces support

The Maintenance Enforcement Program (MEP) is the provincial body responsible for collecting child and spousal support payments from paying parents and disbursing them to recipients. Registration with the MEP is available to any parent who holds a court order or a legally binding separation agreement that includes a support obligation. Registration is free.

The MEP operates under the Maintenance Enforcement Act (Prince Edward Island) and holds broad enforcement authority when a paying parent falls into arrears. Enforcement tools available to MEP officers include wage garnishment, garnishment of bank accounts and other financial assets, and referral to federal mechanisms. When a paying parent falls into arrears by more than three months or owes more than $3,000, the federal Family Orders and Agreements Enforcement Assistance Act (FOAEA, RSC 1985, c. 4 (2nd Supp.)) allows the MEP to request interception of federal payments (including income tax refunds, Employment Insurance benefits, and other federal disbursements) and denial of the payor's federal passport and federal licences. Key amendments to FOAEA came into force on November 15, 2023.

The MEP also charges deterrent fees when payments fall one month overdue and for each subsequent month with child support arrears, and service fees based on collection actions taken. These charges are in addition to the outstanding support amount.

To contact PEI's Maintenance Enforcement Program:

• Phone: (902) 894-0383
• Email: mep@gov.pe.ca
• In person: Honourable C.R. McQuaid Family Law Centre, 1 Harbourside Access Road, Charlottetown

Undue hardship applications

Section 10 of the Federal Child Support Guidelines allows either parent to apply for a different support amount if the table amount would cause undue hardship. Undue hardship may be established on grounds including: unusually high debts that were reasonably incurred to support the family before separation; unusually high costs of exercising parenting time (such as long-distance travel between PEI and another province); a legal obligation to support another person; a legal obligation to pay child support for a child from another relationship; or caring for a child in a shared parenting arrangement who has special needs requiring exceptional costs.

However, even if undue hardship is established, the court will not reduce the table amount if the household of the parent seeking relief has a higher standard of living than the other household. Courts compare household standards of living using a Schedule II comparison. The undue hardship exception is intended to address genuine and severe financial strain, not ordinary budget pressures.

Out-of-province and international enforcement

If the paying parent lives outside Prince Edward Island, the Interjurisdictional Support Orders (ISO) Act (Prince Edward Island) allows PEI to pursue and register support orders across Canadian provinces and internationally. All Canadian provinces and territories have reciprocal enforcement arrangements through their respective MEPs. FOAEA's tracing service can locate a paying parent's address and employer from federal databases when they cannot be found through other means.

For international cases, Canada has enforcement arrangements with numerous foreign jurisdictions. The ISO Act provides the provincial mechanism for pursuing or defending support claims when one parent lives abroad.

Watch out: If a paying parent moves from Prince Edward Island to another province, the applicable table shifts to the new province of residence. Child support tables vary by province to reflect different provincial income tax rules, so an existing PEI order may need to be reviewed and varied to reflect the paying parent's new province. Keeping the MEP informed of address and employment changes avoids enforcement complications.

More PEI Laws

• PEI Hit and Run Laws

Disclaimer

This article is general legal information about child support laws in Prince Edward Island. It is not legal advice and does not create a solicitor-client relationship. It covers the Federal Child Support Guidelines (SOR/97-175) and Prince Edward Island's Maintenance Enforcement Program as they stood on June 7, 2026. Child support law is fact-specific: amounts, add-on expenses, and entitlement past the age of majority all depend on the individual circumstances of the parents and children involved. For advice about a specific child support matter, consult a lawyer licensed to practise in Prince Edward Island.

---

Related: Canada Child Support Laws Hub | Nova Scotia Child Support Laws | New Brunswick Child Support Laws

---

Last updated: 2026-06-07. Statutes cited reflect their in-force version as of 2026-06-07.