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Exceptions to the Child Support Guidelines

1,774 bytes added, 02:23, 27 June 2022
Other Arrangements for the Children's Direct or Indirect Benefit
If both these steps have been met, however, the court will then decide what a reasonable child support order would be in light of the children's needs and the means of the parents. Note that the standards of living being compared are the standards of the two households. This includes all sources of income a household has, including income from the parents' new partners, if any.
== Other Arrangements arrangements for the Childrenchildren's Direct or Indirect Benefit benefit==
Section 11(15.1)(b5) of the ''Divorce Act'' requires a judge allows the court to be satisfied order that reasonable arrangements have been made for the an amount of child support of than the children of the marriage before signing off on the divorce. This usually requires that the ''Child Support Guideline table amount of child support be paid. if is satisfied:
However, Section 15.1<blockquote><tt>(5a) of the ''Divorce Act'' allows the court to that special provisions in an order , a different amount of child support judgment or accept an a written agreement between respecting the parents and give them financial obligations of the spouses, or the divorcedivision or transfer of their property, but this is unusualdirectly or indirectly benefit a child, and the parents must show or that they special provisions have otherwise been made reasonable financial arrangements for the children. An example would be where the parents decide benefit of a child; and</tt></blockquote><blockquote><tt>(b) that one parent takes less than half the value application of the house and gives the house to the other parent who continues to live applicable guidelines would result in the house with the children. This an amount of child support that is unusual, and will probably require the help of a lawyerinequitable given those special provisions. <!---HIDDEN==Further Reading in this Chapter==/tt></blockquote>
* <span style=It is up to the parents to convince the court that they have made special financial arrangements for the children such that a child support order under the Guidelines would be unfair. One example might be if the parents have decided that one parent will take less than half the value of the house, and gives the house to the other parent who continues to live in the house with the children. Another might be if the parents have agreed that one parent will be solely responsible for significant expenses of the children. This is unusual, and will probably require the help of a lawyer.  This part of the ''Divorce Act'' is often important because section 11(1)(b) of the act requires the court to be satisfied that "reasonable arrangements" have been made for the support of any children before signing off on a divorce. This usually means that the table amount of child support is being paid. However, the court can use section 15.1(5) to accept orders or an agreement between the parents that a different amount will be paid, and give the parents their divorce. This is unusual and you should speak to a lawyer. Section 150(2) of the ''Family Law Act'' also allows the court to make an order for child support different from the Guidelines tables if the parents agree to the order or have an agreement on child support and the court is satisfied that those arrangements are "reasonable."colorSection 150(4) says that the court may make such an order if it is satisfied that: red;" <blockquote><tt>bulleted list (a) an agreement or order respecting the financial duties of the parents or guardians or the division or transfer of property, other pages in this chapterthan an agreement respecting child support, benefits the child directly or indirectly, or that special provisions have otherwise been made for the benefit of the child, linkedand</tt></spanblockquote>END HIDDEN---<blockquote><tt>(b) applying the child support guidelines would be inequitable on consideration of the agreement, order or special provisions.</tt></blockquote> Child support orders under section 150(2) of the ''Family Law Act'' are just as unusual as child support orders under section 15.1(5) of the ''Divorce Act''.
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