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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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[52] What should the courts examine under this heading? Section 9(b) does not refer merely to the expenses assumed by the payor parent as a result of the increase in access time from less than 40 percent to more than 40 percent, as argued in this Court. This cannot be for at least two reasons. | [52] What should the courts examine under this heading? Section 9(b) does not refer merely to the expenses assumed by the payor parent as a result of the increase in access time from less than 40 percent to more than 40 percent, as argued in this Court. This cannot be for at least two reasons. | ||
First, it would be irreconcilable with the fact that some applications under s. 9 are not meant to obtain a variation of a support order, but constitute a first order (see Payne, at p. 261). Second, as mentioned earlier, the Table amounts in the Guidelines do not assume that the payor parent pays for the housing, food, or any other expense for the child. The Tables are based on the amount needed to provide a reasonable standard of living for a single custodial parent (see ''Formula for the Table of Amounts Contained in the Federal Child Support Guidelines: A Technical Report'', at p. 2). This Court cannot be blind to this reality and must simply conclude that s. 9(b) recognizes that the ''total cost'' of raising children in shared custody situations may be greater than in situations where there is sole custody: ''Slade v. Slade'', at para. 17; see also Colman, at pp. 71-74; Wensley, at pp. 83-85. Consequently, ''all'' of the payor parent’s costs should be considered under s. 9(b). This does not mean that the payor parent is in effect spending more money on the child than | First, it would be irreconcilable with the fact that some applications under s. 9 are not meant to obtain a variation of a support order, but constitute a first order (see Payne, at p. 261). Second, as mentioned earlier, the Table amounts in the Guidelines do not assume that the payor parent pays for the housing, food, or any other expense for the child. The Tables are based on the amount needed to provide a reasonable standard of living for a single custodial parent (see ''Formula for the Table of Amounts Contained in the Federal Child Support Guidelines: A Technical Report'', at p. 2). This Court cannot be blind to this reality and must simply conclude that s. 9(b) recognizes that the ''total cost'' of raising children in shared custody situations may be greater than in situations where there is sole custody: ''Slade v. Slade'', at para. 17; see also Colman, at pp. 71-74; Wensley, at pp. 83-85. Consequently, ''all'' of the payor parent’s costs should be considered under s. 9(b). This does not mean that the payor parent is in effect spending more money on the child than they were before shared custody was accomplished. As I discuss later in these reasons, it means that the court will generally be called upon to examine the budgets and actual expenditures of both parents in addressing the needs of the children and to determine whether shared custody has in effect resulted in increased costs globally. | ||
Increased costs would normally result from duplication resulting from the fact that the child is effectively being given two homes. | Increased costs would normally result from duplication resulting from the fact that the child is effectively being given two homes. | ||
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#a child lives with a boyfriend or girlfriend who provides for or helps to provide for the child's needs, | #a child lives with a boyfriend or girlfriend who provides for or helps to provide for the child's needs, | ||
#a child has moved out from | #a child has moved out from their parents' home and refuses to return, or | ||
#a child lives on | #a child lives on their own, maintains a job, and pays their own bills without relying on money from their parents. | ||
Section 147(1) of the ''[[Family Law Act]]'' say that: | Section 147(1) of the ''[[Family Law Act]]'' say that: | ||
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<blockquote><blockquote><tt>(b) is under 19 years of age and has voluntarily withdrawn from his or her parents' or guardians' charge, except if the child withdrew because of family violence or because the child's circumstances were, considered objectively, intolerable.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(b) is under 19 years of age and has voluntarily withdrawn from his or her parents' or guardians' charge, except if the child withdrew because of family violence or because the child's circumstances were, considered objectively, intolerable.</tt></blockquote></blockquote> | ||
A person can be a ''spouse'' under the ''Family Law Act'' if: | A person can be a ''spouse'' under the ''Family Law Act'' if they: | ||
# | #are married, | ||
# | #have lived in a marriage-like relationship with another person for a continuous period of at least two years, or, | ||
# | #have lived in a marriage-like relationship for a shorter period of time if the couple has had a child together. | ||
==Undue hardship== | ==Undue hardship== | ||
