*the payor earns more than $150,000 per year,
*one or more of the children live primarily with each parent, *the parents have split or shared custody of share the children's time more or less equally,
*a minor child has become financially independent,
*undue hardship is claimed, and
The tables set out in the Child Support Guidelines only go up to an annual gross income of $150,000. For incomes over that amount, the Guidelines provide formulas to calculate the amount of child support payable.
However, for payors with very high incomes, these the formulas can result in extremely large child support payments, to the point where the payments that are so high they might begin to exceed what could reasonably be necessary to meet a childthe children's expenses. As a result, section 4 of the Guidelines gives the court the flexibility to make an order for child support in an amount different than that generated by the formulas. Section 4 says this:
<blockquote><tt>Where the income of the spouse against whom a child support order is sought is over $150,000, the amount of a child support order is</tt></blockquote>
<blockquote><blockquote><blockquote><tt>(iii) the amount, if any, determined under section 7.</tt></blockquote></blockquote></blockquote>
Before departing from the Guidelines formulas The "amount determined under section 3," under this section4(a), the court must first determine that is 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 section Section 4(b)(ii). While there is a very strong presumption that allows the Guidelines formulas are appropriate, this presumption can still be challenged, and court to make an order other than in the court will usually consider formula amount if the following factors in making its decision:formula amount is "inappropriate."
*If the financial circumstances of court decides that the parties and formula amount is inappropriate, it will look at the actual parents' circumstances of their children,*the actual means and needs of the parties and factors set out in section 4(b)(ii). While there is a very strong presumption that the childrenGuidelines formulas are appropriate,*the pre-separation spending patterns and standard of living and post-separation standard of living in both parents’ homesthis presumption can still be challenged, and*whether the sheer magnitude of court will usually consider 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.following factors in making its decision:
You should bear in mind that there must be clear *the financial circumstances of the parents and compelling evidence that the formula amounts would be inappropriate. There is a very strong presumption in favour general circumstances of their children,*the means and needs of the Guidelines tables parents and their children,*the parents' spending patterns before separation and the standard of living in their homes before and formulasafter separation, and sufficient evidence must be presented to *whether the effect that sheer magnitude of the child support payments would effectively work as an alternative payment would have of spousal support or as a result wealth transfer beyond the purpose of purposes 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 needsintended to achieve.
==Split custody It's important to know that there must be clear and shared custody==convincing 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 before the court will conclude that the usual support payment would be inappropriate. Each case will be assessed individually, in the context of each family’s particular financial circumstances and the children’s needs.
==Split parenting time and shared parenting time== The fundamental purpose of child support is to help cover some of pay for the expenses paid incurred by the parent or guardian who has the children most of the time, on the assumption that the person who has the children most of the time will bear a greater share of the direct and indirect <span class="noglossary">costs</span> associated with raising the childrenand their upkeep. Where parents have ''split custody parenting time'' (each parent has the primary residence of one or more children) or shared custody (the parents share the children's time equally or near-equally), these <span class="noglossary">costs</span> are presumed to be shared more equally. As a result, the Guidelines make an exception to the normal rules.
===Split custody===