Open main menu

Clicklaw Wikibooks β

Changes

Exceptions to the Child Support Guidelines

19 bytes added, 02:24, 27 June 2022
Other arrangements for the children's benefit
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 "Reasonable arrangements" 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 agreements 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." Section 150(4) says that the court may make such an order if it is satisfied that: