Federal Child Support Guidelines – Exceptions to the General Rule

The Federal Child Support Guidelines were intended to provide a fair, objective manner to determine child support.  It was intended that the quantum of support would be based on the payor’s income and the number of child.  The party would then go to a table listing child support as set out the guidelines and pay the quantum of support based on the person’s income and the number of children.  However, a court has discretion to award an amount that is different than as provided for in the Guidelines, in the following situations:

1. If the child is over the age of 18 and the court believes that guideline support is not appropriate;

2. If the payor’s income is over $150,000.00 and the court believes that guideline support is not appropriate;

3. If a step-parent is the payor of support and the court believes that the guideline support is not appropriate;

4. Shared custody; and,

5. Where a child or spouse would suffer undue hardship if he/she was forced to pay guideline support.

In the aforementioned circumstances, it can be difficult to determine the quantum of base support.  At Fine & Associates, we can have a Toronto family lawyer review your situation and advise you as to the quantum of child support that you must pay or, if you are a recipient of support, how much support we believe that you are entitled to receive. If you have any questions regarding family law, or require a divorce lawyer, feel free to contact us today! We welcome any inquiries.