G. Applicable Provincial or Territorial Table

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 19-20

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If the spouse or former spouse against whom an original or variation order for child support is sought resides in Canada at the time of the application or at the time of the recalculation of the amount pursuant to section 25.1 of the Divorce Act, the table for the province or territory where that spouse or former spouse ordinarily resides is the applicable table for de-

(C.A.); Premi v. Khodeir [2009] O.J. No. 3365 (S.C.J.) (Charter challenge dismissed). 104 Penney v. Boland, [1999] N.J. No. 71 (U.F.C.).

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termining the prescribed monthly amount of child support.¹⁰⁵Where an obligor resides six months of the year in one province and the other six months in another province, the applicable table under the Federal Child Support Guidelines will be determined by reference to his or her provincial residence for income tax purposes.¹⁰⁶If the spouse or former spouse against whom an original or variation order for child support is sought resides outside of Canada at the time of the application or the recalculation of the amount pursuant to section 25.1 of the Divorce Act, or if the residence of that spouse is unknown, the applicable table is the table for the province where the recipient spouse ordinarily resides.¹⁰⁷Where the court is satisfied that the province in which the spouse or former spouse against whom an original or variation order for child support is sought has changed since the time of the application or will change in the near future after determination of the amount of support, the applicable table is that of the new province.¹⁰⁸Where the obligor’s province of residence is unclear because of the nature of his or her employment, child support may be assessed pursuant to section 3(3)(b) of the Federal Child Support Guidelines in accordance with the table for the province wherein the custodial spouse and child ordinarily resided.¹⁰⁹

[105] Federal Child Support Guidelines, SOR/97-175, s. 3(3)(a); Riad v. Riad, [2002] A.J. No. 1338 (C.A.); Bell v. Bell, [1999] B.C.J. No. 1999 (S.C.); E.A.L. v. H.M.G., 2010 BCSC 892; Christie v.Wilson, 2010 BCSC 1823; Messier v. Robillard, [1999] N.J. No. 368 (S.C.); Pomroy v. Greene, [2000] N.J. No. 38 (U.F.C.); Barrett v. Mychasiw, [2001] O.J. No. 2023 (S.C.J.) (different tables applicable in inter-provincial split custody arrangements); Dunn v. Dunn, 2011 ONSC 6899; Duncan v. Mokelki, [2008] S.J. No. 663 (Q.B.).

[106] St. Amour v. St. Amour, [1997] N.S.J. No. 363 (T.D.).

[107] Federal...