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

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Exceptions to the Child Support Guidelines (view source)

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This section talks about the most common exceptions to the Guidelines tables:  
This section talks about the most common exceptions to the Guidelines tables:  
# where the payor earns more than $150,000 per year;
* where the payor earns more than $150,000 per year,
# where the parents have split or shared custody of the children;
* where the parents have split or shared custody of the children,
# where a minor child has become financially independent;
* where a minor child has become financially independent,
# and where undue hardship is claimed; and
* where undue hardship is claimed, and
# where other arrangements have been made for the direct or indirect benefit of the children.
* where other arrangements have been made for the direct or indirect benefit of the children.


==Payors with incomes higher than $150,000==
==Payors with incomes higher than $150,000==
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<blockquote><blockquote><blockquote><tt>(iii) the amount, if any, determined under section 7.</tt></blockquote></blockquote></blockquote>
<blockquote><blockquote><blockquote><tt>(iii) the amount, if any, determined under section 7.</tt></blockquote></blockquote></blockquote>


Before departing from the Guidelines formulas under this section, the court must first determine that the formula amount would be inappropriate. If the court makes this finding, it then looks at the circumstances of the individual case and the factors set out in s. 4(b)(ii). While there is a very strong presumption that the Guidelines formulas are appropriate, this presumption can still be challenged, and the court will consider usually these factors in making its decision:
Before departing from the Guidelines formulas under this section, the court must first determine that the formula amount would be inappropriate. If the court makes this finding, it then looks at the circumstances of the individual case and the factors set out in s. 4(b)(ii). While there is a very strong presumption that the Guidelines formulas are appropriate, this presumption can still be challenged, and the court will usually consider the following factors in making its decision:


#the financial circumstances of the parties and the actual circumstances of their children,
*the financial circumstances of the parties and the actual circumstances of their children,
#the actual means and needs of the parties and 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
*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.
*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.
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.
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