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Child Support Guidelines

This lawletter is a continuation of “Child Support Guidelines”; Please refer to it for additional information.

Exceptions

The table amount of child support must be paid and will only be varied in limited circumstances. Some of the exceptions to paying the table amount of child support are:

  • Incomes Over $150,000

    The Child Support Guidelines provide that the payor parent may not necessarily pay the table amount of child support for that portion of their income over $150,000. However, subsequent case law has indicated that the table amount of child support for that portion of the payor parent’s income over $150,000 will be paid unless there are exceptional circumstances. If this applies to you, either as a payor or recipient parent, you should consult an experienced family law practitioner.

  • Stepchildren

    The law does require stepparents to be financially responsible for stepchildren in certain circumstances. The circumstances in which stepparents are required to be financially responsible for stepchildren are varied and you will need the advice of an experienced family law lawyer first to determine whether the stepparent is financially responsible for their stepchildren.

    The Child Support Guidelines do provide, however, that the stepparent may not necessarily have to pay the full table amount of child support for a stepchild. Again, the circumstances are varied and the advice of an experienced family law lawyer should be sought.

  • Split Custody

    Where each parent has custody of one or more children, the amount of child support paid is the difference between the amounts that each spouse would otherwise pay if a child support order was sought against each of the parents. For example, if the father earned $40,000 per year, and the mother earned $30,000 per year, and they each have custody of one child, the father would be required to pay the mother $334.00 per month for child support; however, the mother would be required to pay the father $260.00 per month in child support. The net result is that the father pays the mother $74.00 per month in child support ($334.00 -$260.00 =$74.00).

  • Shared Custody

    The Child Support Guidelines provide that where one spouse exercises a right of access to, or has physical custody of, a child for not less than 40% of the time over the course of the year, the amount of child support ordered will be determined by taking into account:

    a. the amount set out in the applicable tables for each of the parents;

    b. the increased costs of shared custody arrangements; and,

    c. the conditions, means, needs and other circumstances of each parent and of any child for whom support is sought. In general, the closer to a true 50/50 sharing of the child, and the closer the respective incomes of the parents, the less child support will be paid, if any.

    However, the closer to a 60/40 sharing, and the greater the difference between the respective parents’ income, the more likely the table amount of child support will be ordered. For example, if both parents have the child one week on and one off and they both earn $50,000 per year, it is unlikely that the table amount of child support will be ordered. However, if the father earns $150,000 per year, and the mother $20,000 per year, and the father has the child 40% of the time, and the mother 60%, it is highly likely that the table amount of child support will be ordered even in this shared custody situation.

  • Undue Hardship

    The undue hardship provision of the Child Support Guidelines was put in place for the unusual situations where the recipient parent has a higher disposable income than the payor parent. Under certain circumstances, the Court may award a lesser amount of child support if the payment of the child support will cause an undue hardship on the payor parent. Circumstances which may cause a payor parent to suffer undue hardship include the following:

    a. the payor parent has responsibility for an unusually high level of debt reasonably incurred to support the parties and their children prior to separation or to earn a living;

    b. the payor parent has unusually high expenses in relation to exercising access to a child;

    c. the payor parent has a legal duty under a judgment, order or written separation agreement to support any person; Special Circumstances: The Child Support Guidelines

    d. the payor parent has a legal duty to support a child, other than a child of the
    marriage, who is under the age of majority, or the age of majority but is
    unable by reason of illness, disability or other cause, to obtain the necessities of
    life; and,

    e. the payor parent has a legal duty to support any person who is unable to obtain the necessities of life due to an illness or a disability. The first step in making a claim for undue hardship is that the payor parent must show that his or her standard of living is less than the recipient parent. There is a Household Standards Living Test set out in Schedule II of the Child Support Guidelines. Most family law practitioners utilize a software program to compute the appropriate ratios for the Standard of Living Test. You should contact an experienced family law lawyer if you feel you have a claim for undue hardship.

    The information in this brochure is of a general nature only and each situation brings with it its own particular facts. You should consult with an experienced family law lawyer for your own situation.

For further information, please contact one of our lawyers who practice in the area of Family Law:

Deborah Conrad
Direct Line: (902) 460-3416
dconrad@boyneclarke.ns.ca

Peter D. Crowther
Direct Line: (902) 460-3456
pcrowther@boyneclarke.ns.ca

Terrance G. Sheppard
Direct Line: (902) 460-3401
tsheppard@boyneclarke.ns.ca

Written By: Terrance G. Sheppard

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