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Difference between revisions of "Child Support Guidelines"
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===Qualifying expenses as "special and/or extraordinary"=== | ===Qualifying expenses as "special and/or extraordinary"=== | ||
Just because an expense appears to fall into one of the categories listed in s. 7 of the Guidelines doesn't necessarily make it a shareable special and/or extraordinary expense. As well, just because an expense has been incurred doesn't mean it will automatically be shared; if you're not sure whether a planned expense will qualify as a shareable special expense, get some legal advice or talk to the other parent first. | Just because an expense appears to fall into one of the categories listed in s. 7 of the Guidelines doesn't necessarily make it a shareable special and/or extraordinary expense. As well, just because an expense has been incurred doesn't mean it will automatically be shared; if you're not sure whether a planned expense will qualify as a shareable special expense, get some legal advice or talk to the other parent first to see if they will agree to share in the expense. | ||
An expense that may not qualify as a special expense for higher earning families may qualify as such for low income families. For example, if guideline child support of $2,000.00 for one child is being paid, the $200.00 cost of soccer registration will probably not be considered a special expense to | An expense that may not qualify as a special expense for higher earning families may qualify as such for low income families. For example, if guideline child support of $2,000.00 for one child is being paid, the $200.00 cost of soccer registration will probably not be considered a special expense (and will have to be paid from the $2,000 basic child support by the recipient parent) but that same $200.00 expense may be a special expense if only $500.00 per month Guideline support is being paid (and will therefore have to be shared between the parents). | ||
According to s. 7(1) of the Guidelines, the court must not only find that an expense fits into one of the categories listed above, but also consider: | According to s. 7(1) of the Guidelines, the court must not only find that an expense fits into one of the categories listed above, but also consider: | ||
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====Reasonableness==== | ====Reasonableness==== | ||
When the court is asked to consider a particular expense, it should first decide whether the expense is necessary and reasonable according to the parties' | When the court is asked to consider a particular expense, it should first decide whether the expense is necessary and reasonable according to the parties' financial resources. For lower income parents fewer expenses will be considered reasonable. | ||
*Daycare will almost always be considered necessary and reasonable, | *Daycare will almost always be considered necessary and reasonable, if that daycare is incurred as a result of the parent’s employment, illness, disability or education or training for employment. Daycare subsidies will be taken into account when apportioning daycare expenses between the parents as will tax-deductibility. | ||
For parents with more money, more expenses may qualify as reasonable: | For parents with more money, more expenses may qualify as reasonable: | ||
