Difference between revisions of "Exceptions to the Child Support Guidelines"

}}The court has a limited ability to make orders for child support in amounts different than what would normally be required by the [[Child Support Guidelines]] tables.

The same rules apply to parents and guardians who are making agreements about child support. Without one of the Guidelines exceptions, the court is unlikely to uphold an agreement that provides for a child support payment that significantly departs from the Guidelines amount.

This section talks about the most common exceptions to the Guidelines tables:  

# where the payor earns more than $150,000 per year;  

# where the parents have split or shared custody of the children;  

# where a minor child has become financially independent;  

# and where undue hardship is claimed; and

# where other arrangements have been made for the direct or indirect benefit of the children.

#the actual means and needs of the parties and the children,

#the pre-separation spending patterns and standard of living and post-separation standard of living in both parents’ homes, and

#whether the sheer magnitude of the child support payments would effectively work as alternative payment of spousal support or wealth transfer beyond the reasonable purpose of a child support order.

You should bear in mind that there must be clear and compelling evidence that the formula amounts would be inappropriate. There is a very strong presumption in favour of the Guidelines tables and formulas, and sufficient evidence must be presented to the effect that the support payment would have a result beyond the purpose of child support before the courts will make an order differing from what the Guidelines provide. Each case is assessed individually, in the context of each family’s particular financial circumstances and the children’s needs.