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- Irwin Law: Child Support Guidelines in Canada (2012 Edition)
- Chapter 9 - Low and High Income Earners; Annual Income over $150,000
A. Low Income Earners
Author | Julien D. Payne - Marilyn A. Payne |
Pages | 363-364 |
Page 363
The provincial or territorial tables under the Federal Child Support Guidelines have a minimum annual income or poverty threshold below which no fixed amount of basic child support is payable1and any existing order should be terminated.2In these circumstances, however, a court may direct the non-custodial parent to provide the custodial parent3or the provincial maintenance enforcement office4with financial statements at designated intervals.
Where a parent is relieved of the legal obligation to pay the basic amount of table support because his or her income falls below the minimum threshold, a court may also reject any claim to expenses under section 7 of the Federal Child Support Guidelines even though "means" under section 7(1) of the Guidelines is a broader concept than income earning capacity in that "means" includes all of a person’s pecuniary resources, capital assets, income from employment or earning capacity, and any other source from which a person receives gains or benefits, together with, in certain circumstances, money which the person does not have in possession but which is available to that person. The fact that the guidelines does not prescribe a basic child support payment for parents with income below the minimum threshold reflects the reality that everyone requires a certain amount of money simply to survive. It would appear to be irrational if a parent who is unable to pay the base level of
Page 364
child support can be compelled to contribute to special or extraordinary expenses under section 7 of the Guidelines.5If a parent’s annual income falls below the minimum threshold under the provincial table, a court should not seek to circumvent the consequential exemption from liability by ordering a reapportionment of that parent’s RRSP so as to indirectly accomplish what cannot be directly achieved, where the economic welfare of the children would be better advanced by that parent having the means to restore himself or herself to a financially independent state as quickly as possible so that a fair contribution can then be made to the support of the children.6
Absent undue hardship, a low income disabled parent is obligated to pay the applicable table amount of child support.7Subject to the overriding jurisdiction of the court to deviate from the guidelines amount of child support in cases of undue hardship, as defined in section 10 of the Guidelines, a non-custodial parent whose income exceeds the minimum...
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