Section (4) of the Federal Child Support Guidelines – Income over $150k

Although there is a presumption that child support is determined on the basis of the Table amounts, this section provides that when a payor’s income is over $150,000.00 per annum, a court may order an amount of child support that is different than the Guidelines if the amount of support is “inappropriate” having regards to the “conditions, needs, and the financial ability of each spouse”.  The courts have held that “inappropriate” means “unsuitable”.  A court will look at a child expense budget and examine the family’s lifestyle and expenditures.  It is a high burden to depart from the guideline amount.

Although the test to depart from the guidelines may be difficult, our Toronto family lawyers are pleased to examine your circumstances during our initial consultation. If you have any other questions our divorce lawyers welcome all inquiries that you may have.