F. Consent Orders

AuthorJulien D. Payne - Marilyn A. Payne
Pages387-388

Page 387

A consent order for child support may be granted in an amount that exceeds the requirements of the Federal Child Support Guidelines.79It has also been suggested that a court should be loathe to change negotiated child support arrangements to which the parents wish to adhere, even though they provide an amount of support modestly lower than the applicable table amount under the Federal Child Support Guidelines.80It is submitted, however, that courts should be cautious about allowing parents the freedom to pay or receive lower periodic child support payments than those required by the applicable table, unless there are circumstances other than the agreement itself that warrant deviation from the applicable table amount and any additional special or extraordinary expenses to which the children may be entitled under section 7 of the Guidelines.

With respect to consent orders, a finding under section 15.1(7) of the Divorce Act that reasonable arrangements have been made for the support of a child to whom the order relates, presupposes that adequate information has been provided to the court about the economic and other circumstances of the spouses and the children, including any special or extraordinary expenses likely to be incurred on behalf of the children. Sufficient evidence must be presented to the court to enable it to make an informed judgment. A bald assertion

Page 388

that reasonable arrangements have been made for the support of a child does not warrant a consent order that deviates from the Guidelines. Such a bald assertion is not evidence but a conclusion to be determined by the court after an evaluation of any supporting evidence.81A court may refuse to endorse a shared parenting agreement for the nonpayment of child support where a substantial disparity exists between the respective parental incomes and their expenses,82but where there will be no imbalance between the standards of living that the children will enjoy in the two households, the court may apply section 15.1(7) of the Divorce Act by giving effect to a parental agreement providing for alternating weekly custody with neither parent being required to pay child support.83A consent order for child support may be varied where there has been a material change by virtue of a sudden and significant increase in post-secondary education costs.84A court may grant a consent order for an amount greater than that required by the Federal Child Support Guidelines85 and...

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