Section 10 of the Federal Child Support Guidelines – Undue Hardship

This section of the Guidelines provides that a court may “award an amount that is different from the amount determined under the Guidelines, if the court finds that the spouse making the request, or a child in respect of whom the request is made, would otherwise suffer undue hardship”.   Although the Guidelines does not specifically define “undue hardship”, the court...

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...

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...

Section 3(2) of the Federal Child Support Guidelines – Child over 18 yrs

This section provides that it is possible that when a child is over the age of 18, a court may order an amount of child support less than as provided for in the Guidelines.  This is one of the circumstances where a court has discretion to award an amount of support that is different than as determined by the payor’s income and the Guidelines.  In evaluating the amount of child support,...

Section 3 of the Federal Child Support Guidelines – Presumption of Table Amount

This section provides that there is a presumption that for children under 18 in Ontario that the amount of child support will be based on the applicable table, the number of children and the income of the payor spouse plus “add – ons” pursuant to section 7 of the guidelines.  There are exceptions to the automatic application of the guidelines. (more…)

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…)