Split parenting time
If there are two or more children, and each spouse has
the majority of parenting time with one or more of those
children, the amount of a child support order is the difference between the amount that each spouse would otherwise pay if a child support order were sought against
each of the spouses.
Shared parenting time
If each spouse exercises not less than 40% of parenting
time with a child over the course of a year, the amount of
the child support order must be determined by taking into account
(a) the amounts set out in the applicable tables for each of the spouses;
(b) the increased costs of shared parenting time arrangements; and
(c) the conditions, means, needs and other circumstances of each spouse and of any child for whom support is sought.
On either spouse’s application, a court may award an amount of child support that is different from the amount determined under any of sections 3 to 5, 8 or 9 if the court finds that the spouse making the request, or a child in respect of whom the request is made, would otherwise suffer undue hardship.
Circumstances that may cause undue hardship
Circumstances that may cause a spouse or child to suffer undue hardship include the following:
(a) the spouse has responsibility for an unusually high level of debts reasonably incurred to support the
spouses and their children prior to the separation or to
earn a living;
(b) the spouse has unusually high expenses in relation
to exercising parenting time with a child;
(c) the spouse has a legal duty under a judgment, order or written separation agreement to support any person;
(d) the spouse has a legal duty to support a child, other than a child of the marriage, who is (i) under the age of majority, or
(ii) the age of majority or over but is unable, by reason of illness, disability or other cause, to obtain the necessaries of life; and (e) the spouse has a legal duty to support any person who is unable to obtain the necessaries of life due to
an illness or disability.
Each case must be assessed on its own set of facts. If you have any questions regarding this blog, or someone you know needs legal help with family matters, BOZAI LAW PC is a full-service firm that serves clients across the GTA and Ontario.
Disclaimer: Use of this site and sending or receiving information through it does not establish a solicitor/client relationship. The views expressed and the content provided on this blog is for non-profit, educational purposes. It is not, and is not intended to be, legal advice on any specific set of facts. If you require legal advice, you should contact a lawyer directly.