- Home
- Books and Journals
- Irwin Law: Canadian Family Law (Sixth Edition)
- Chapter 9 - Child Support on or after Divorce
C. Presumptive Rule; Table Amount of Child Support; Section 7 Expenses
Author | Julien D. Payne - Marilyn A. Payne |
Pages | 370-372 |
Page 370
In the absence of specified exceptions, section 3(1) of the Federal Child Support Guidelines requires the court to order the designated monthly amount of child support set out in the applicable provincial table. The table amount of child
Page 371
support is fixed according to the obligor’s annual income and the number of children in the family to whom the order relates. Where the obligor resides in Canada, the applicable provincial or territorial table is that of the province or territory in which the obligor resides.3If the obligor’s residence is outside of Canada, the applicable table is that of the province or territory wherein the recipient parent resides. Section 3(1) of the Guidelines also empowers a court to order a contribution to be made towards necessary and reasonable special or extraordinary expenses that are specifically listed under section 7 of the Guidelines. Although the court has discretion in ordering section 7 expenses, it has no corresponding discretion with respect to ordering the table amount. It must order the table amount except where the Guidelines or the Divorce Act4expressly provide otherwise. The onus is on a parent seeking special expenses to prove that the claimed expenses fall within one of the categories and are reasonable and necessary.5In determining a father’s concurrent obligations to pay court-ordered support for his two children born of different mothers, where neither child is living with the father, section 3(1) of the Federal Child Support Guidelines requires the court to separately determine the table amount of support payable for each child. It is not open to the court to treat the children as members of the same family unit by using the column in the applicable provincial table for the total number of children and then dividing the specified amount so that each child receives an equal share. In ML v RSE,6Sullivan J granted two orders that required the father, whose annual income was $22,900, to pay the full table amount of $203 to each of his two children, in addition to specified section 7 expenses. Because the table amounts of child support reflect economies of scale as the number of children residing in the same household increases, but no such economies apply when two children reside in different households, Sullivan J held that, in fixing the table amount of child support, the two children must be treated as members of distinct family units, and the two families could not be...
To continue reading
Request your trial- Irwin Law: Canadian Family Law (Sixth Edition)
- Chapter 9 - Child support on or after divorce
- A. General Observations
- B. Income Tax — Child Support
- C. Presumptive Rule; Table Amount of Child Support; Section 7 Expenses
- D. Exceptions to Presumptive Rule
- E. Obligation of De Facto Parent
- F. Children over Provincial Age of Majority
- G. Incomes over $150,000
- H. Split Custody; Section 8 of Guidelines
- I. Shared Custody: 40 Percent Rule
- J. Undue Hardship
- K. Effect of Order or Agreement
- L. Special and Extraordinary Expenses
- M. Variation of Child Support Orders
- N. Determination and Disclosure of Income
- O. Disability Payments and Child Support
- P. Types of Orders
- Q. Retroactive Child Support Orders under the Divorce Act
- R. Priority of Child Support over Spousal Support; Effect of Child Support Order on Assessment of Spousal Support
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.