Child support payments in Ontario may differ from the standard guideline amounts in certain circumstances, including shared parenting arrangements, undue hardship, high incomes, special expenses, or other legally recognized exceptions.
Child support is generally calculated under the Federal Child Support Guidelines or Ontario’s corresponding child support guidelines, depending on the applicable legislation.
The guidelines provide a structured approach to calculating support based primarily on income, the number of children, and the relevant province.
However, the table amount is not necessarily the final amount payable in every case.
What Is Undue Hardship in Ontario Child Support Cases?
Undue hardship is a legal exception that may justify a different child support amount in certain circumstances.
Under section 10 of the Federal Child Support Guidelines, a parent or spouse may claim undue hardship where the standard support amount would cause excessive financial difficulty.
Examples may include unusually high access-related travel expenses or legal obligations to support other dependants.
However, financial difficulty alone does not automatically establish undue hardship. The court must also consider the relative standards of living of the households involved.
Does Shared Parenting Affect Child Support Payments?
Yes. Shared parenting arrangements can affect how child support is calculated.
Under section 9 of the Federal Child Support Guidelines, shared parenting generally applies when each parent exercises at least 40% of parenting time over the course of a year.
In these circumstances, courts consider the guideline amounts for both parents, increased costs associated with shared parenting, and the conditions, means, needs, and other circumstances of each parent and the children.
A simple set-off calculation may be relevant but is not automatically determinative.
Our Toronto child support lawyers assist clients with support calculations involving shared parenting arrangements.
What Are Section 7 Expenses in Ontario?
Section 7 expenses are special or extraordinary expenses that may be payable in addition to regular child support.
Depending on the circumstances, these can include certain childcare costs, healthcare expenses, educational expenses, and extraordinary extracurricular expenses.
The expenses must satisfy the applicable legal requirements, including considerations of necessity and reasonableness.
Parents generally contribute to qualifying expenses proportionately according to their incomes, subject to the guidelines and relevant circumstances.
These additional contributions do not necessarily replace the regular table amount.
Can Child Support Be Different if a Parent Earns a High Income?
Yes. The Federal Child Support Guidelines contain provisions addressing situations where a paying parent’s income exceeds $150,000 annually.
For incomes above that amount, courts may consider whether the applicable table calculation is appropriate for the circumstances.
However, a high income does not automatically justify reducing child support.
The court must apply the relevant guideline provisions and consider the evidence.
Can Parents Agree to Pay Less Than the Child Support Guidelines?
Parents may negotiate child support arrangements, but private agreements do not automatically override the legal requirements.
Courts may scrutinize agreements that provide less than the applicable guideline amount.
Under the Divorce Act, courts must be satisfied that reasonable arrangements have been made for the support of children before granting a divorce.
An agreement that departs from the guidelines should therefore be reviewed carefully.
Speak With a Toronto Child Support Lawyer
Determining child support can become complicated when families have shared parenting arrangements, variable incomes, or exceptional expenses.
At Gelman & Associates, our Toronto family lawyers assist with child support calculations, disputes, and applications to modify existing obligations.
Contact Gelman & Associates at 1-844-736-0200 to book a consultation and discuss how the child support guidelines may apply to your circumstances.
