Difference between revisions of "Child Support Guidelines"

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===Qualifying expenses as "special and/or extraordinary"===
===Qualifying expenses as "special and/or extraordinary"===


Just because an expense appears to fall into one of the categories listed in s. 7 of the Guidelines doesn't necessarily make it a shareable special and/or extraordinary expense. As well, just because an expense has been incurred doesn't mean it will automatically be shared; if you're not sure whether a planned expense will qualify as a shareable special expense, get some legal advice or talk to the other parent first.
Just because an expense appears to fall into one of the categories listed in s. 7 of the Guidelines doesn't necessarily make it a shareable special and/or extraordinary expense. As well, just because an expense has been incurred doesn't mean it will automatically be shared; if you're not sure whether a planned expense will qualify as a shareable special expense, get some legal advice or talk to the other parent first to see if they will agree to share in the expense.


An expense that may not qualify as a special expense for higher earning families may qualify as such for low income families.  For example, if guideline child support of $2,000.00 for one child is being paid, the $200.00 cost of soccer registration will probably not be considered a special expense to get shared but that same $200.00 expense may be a special expense if only $100.00 per month Guideline support is being paid.
An expense that may not qualify as a special expense for higher earning families may qualify as such for low income families.  For example, if guideline child support of $2,000.00 for one child is being paid, the $200.00 cost of soccer registration will probably not be considered a special expense (and will have to be paid from the $2,000 basic child support by the recipient parent) but that same $200.00 expense may be a special expense if only $500.00 per month Guideline support is being paid (and will therefore have to be shared between the parents).


According to s. 7(1) of the Guidelines, the court must not only find that an expense fits into one of the categories listed above, but also consider:
According to s. 7(1) of the Guidelines, the court must not only find that an expense fits into one of the categories listed above, but also consider:
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====Reasonableness====
====Reasonableness====


When the court is asked to consider a particular expense, it should first decide whether the expense is necessary and reasonable according to the parties' means. For lower income parents fewer expenses will be considered reasonable.
When the court is asked to consider a particular expense, it should first decide whether the expense is necessary and reasonable according to the parties' financial resources. For lower income parents fewer expenses will be considered reasonable.


*Daycare will almost always be considered necessary and reasonable, provided that daycare is incurred as a result of the parent’s employment, illness, disability or education or training for employment. Daycare subsidies will be taken into account when apportioning daycare expenses between the parents as will tax-deductibility.
*Daycare will almost always be considered necessary and reasonable, if that daycare is incurred as a result of the parent’s employment, illness, disability or education or training for employment. Daycare subsidies will be taken into account when apportioning daycare expenses between the parents as will tax-deductibility.


For parents with more money, more expenses may qualify as reasonable:
For parents with more money, more expenses may qualify as reasonable:

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