Layoffs, caring for a child or disabled person, retiring or changes in the job market may all be acceptable excuses for a reduction in income. Refusing to produce tax returns or pay stubs will not prevent a child support order.
This paper explores child support recalculation options for Ontario in light of the recent Supreme Court cases D.B.S. v. S.R.G.; L.J. W. v. T.A.R.; Henry v. Henry; Hiemstra v. Hiemstra (D.B.S.). Because Ontario lacks a public recalculation service, and because D.B.S. puts the onus on recipient parents to request increased support, individual parents are currently forced to renegotiate child support arrangements in the private sphere. The author suggests that this leaves recipient parents vulnerable to ongoing threats of domestic violence. As potential alternatives, she examines the recalculation regimes implemented in two Canadian jurisdictions. While Newfoundland has implemented an administrative scheme, Manitoba's formalized process relies heavily upon the courts. Ultimately, the auth...
... stipulate the amount of child support the payor parent is obliged to pay based on his income. A co...
[...] if any type of money received by the payor is recurring and the evidence shows a pattern, it should be included in income for child support purposes. Just because you can deduct a particular expense under the Income Tax Act does not necessarily mean the expense is deductible for child support purposes. Because the child support guidelines are based on what the non-custodial parent can afford to pay, the custodial parent's need for support is not relevant.
... owed will generally fluctuate based on the payor parent's income. Thus, under that scheme, payor pa...
[...] the guidelines also provide that the payor could also pay an additional amount for "extraordinary" expenses for primary school education programs or for extracurricular activities. If for example the child wishes to attend swimming lessons or Girl Guides, does the table amount of support cover those expenses, or are those extraordinary expenses for extracurricular activities?
... are intended to assist Canadian resident payors who make certain payments to non-residents of Cana...
If the payor does not voluntarily disclose or ignores a court order requiring disclosure, the payor could be responding in court, with a request for increased child support, and paying retroactive support.
... can be shown to have been made by the payor to the payee to make the payee whole in relation t...
The guidelines create a system whereby once the income of the payor has been determined, the amount of child support is established by the guidelines. Practice since that time has demonstrated that there is still much discretion with the courts to establish an amount of child support.
The payor will have more income to direct to support payments instead of to his or her creditors. Because one of the tests for spousal support is whether the spouse has the ability to pay, clearly their ability will be far better once free of substantial debt.
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