Section 9 of the Federal Child Support Guidelines – Shared Custody

This section addresses the situation when a spouse “exercises a right of access to, or has physical custody of, a child for not less than 40% of the time over the course of a year”. (more…)

Section 8 of the Federal Child Support Guidelines – Split Custody

Split custody is when each parent has custody of one or more of the children.  The Act provides that the “amount of a child support order is the difference between the amount that each spouse would otherwise pay if a child support order was sought against each of the spouses”. (more…)

Section 7 of the Federal Child Support Guidelines – Special or Extraordinary Expenses

This section provides for the payor to pay additional monies to the recipient, over and above base child support, to “cover all or any portion” of the “special or extraordinary expenses” for the child.  The preamble of section provides that the expenses may be “estimated”. However, it is my experience that if you are seeking contribution for past...

Section 5 of the Federal Child Support Guidelines – Step-Parents

This section permits the court to award a quantum of support that is different than as set out in the Guidelines if the payor is not the biological father of the child.   After their relationship with the biological parent ends, although some step-parents may try to terminate their relationship with a child in order to avoid a child support obligation, their efforts will likely not be...

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...

Section 2 of the Federal Child Support Guidelines – Determining Income

In determining child support under the guildelines, “any amount is determined on the basis of specified information, the most current information is used”.  As a result, the payor of child support, will have to provide his more recent income tax returns.  If he is employed, he will be required to provide his recent pay stubs. (more…)

Section 1 of the Federal Child Support Guidelines

Although the Federal Child Support Guidelines were enacted to make the process more objective, in some circumstances there is still discretion by the court as to the quantum of support.  As a result, it is important to retain a Toronto family lawyer to assist and ensure that your rights and obligations are being protected. At Fine & Associates, we can have a family lawyer review your...

Federal Child Support Guidelines

The objectives of the Guidelines is to “promote fairness to children” and to “reduce the conflict and tension between spouses, by making the calculation of support more objective” and to “reduce litigation” and to “ensure consistent treatment of spouses and children”. However, since there are several objectives to consider which must be balanced...