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Difference between revisions of "Child Support Guidelines"
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→Qualifying expenses as "special and/or extraordinary"
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If an expense is found to qualify as a special and/or extraordinary expense under the section 7(1) and section 7(1.1) definitions, the court may make an order that both parties pay additional amounts, in addition to the usual Guidelines basic amount of support, to cover all or a portion of the cost of the expense. | If an expense is found to qualify as a special and/or extraordinary expense under the section 7(1) and section 7(1.1) definitions, the court may make an order that both parties pay additional amounts, in addition to the usual Guidelines basic amount of support, to cover all or a portion of the cost of the expense. | ||
===Qualifying expenses as | ===Qualifying expenses as special expenses and extraordinary expenses=== | ||
Just because an expense appears to fall into one of the categories listed in section 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. | Just because an expense appears to fall into one of the categories listed in section 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 (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). | 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 section 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 section 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: | ||