Difference between revisions of "Child Support Guidelines"

It used to be the case that the party claiming child support, the ''recipient'', had to show the amount of support the child needed and prove that the person being asked to pay support, the ''payor'', had the means to pay that amount. Now, the amount of a child support order or an agreement for child support is based on the amounts set out in the tables attached to the Child Support Guidelines. The Guidelines have generally reduced the amount of disagreement between parents about the amount of child support, whether they're in court arguing about an order, or are negotiating a separation agreement. Most of the disagreement now tends to be about the income of the payor.

The Guidelines tables were most recently adjusted on 31 December 2011. The amount of child support required of lower earning parents was reduced and the amount of support for higher earning parents was increased, although none of the changes were particularly dramatic. If you are relying on a printed version of the child support tables to figure out how much child support should be paid, make sure that your materials reflect the new table amounts, effective as of December 31, 2011.

This is, however, only a presumption, and can be challenged or ''rebutted'', as is discussed in this chapter's next section, [[Exceptions to the Child Support Guidelines]].  In the vast majority of cases, however, the amount of child support payable is calculated using the payor's gross (before tax) annual income at the time the order is made.

Over time, of course, the payor's income may go up or down. Both the payor and the recipient can make an application to change the original order or the agreement so that the amount of child support reflects the payor's current income. The payor would typically make the application if their income has fallen, while the recipient would make the application when the payor's income has increased. To avoid a situation where parents are continually making trips back to court to seek an adjustment of child support, it's a good idea to include a term in the court order or agreement that requires both parties to regularly exchange income information in an agreement or order for child support, usually on an annual basis, so that child support can be adjusted from time to time without having to go to court.