How is child support calculated? What impacts on the amount of support ordered?

Child support is calculated by obtaining the gross income of the paying parent (as determined by s. 16 of the Child Support Guidelines) and the number of children to which the support payment will apply and then looking at the table amounts listed in Schedule I of the guidelines for the monthly amount payable.

Usually this number is determinative and since the guidelines are regulations to both the Divorce Act and the Family Law Act they are also law and so must be followed. However, there are certain circumstances for which the courts will deviate from or add-on to the table amounts when ordering support, and they are:

• special provisions contemplated by both parents which are objective and provide adequate support for the child
• arrangements made by the parents for the support of the child that are reasonable and adequate,
• when a child is over the age of majority,
• where the paying parent has an income over $150,000.00,
• whether the parent against whom support is sought is a step-parent,
• special or extraordinary expenses,
• split or shared custody arrangements, and
• undue hardship.