Kelis is seeking to vary Nas' child support for their son Knight.
Currently, Nas pays Kelis child support in the amount of $8,000.00 per month in accordance with a child support order made five (5) years ago.
While Kelis has not specified the amount, she is seeking an increase in monthly child support for Knight. Kelis says that Nas has grown more successful in the last five years, and as such, he should be paying child support in accordance with his increased income.
Annual Income Disclosure for Child Support Purposes
When parents decide to separate, one issue that must be dealt with is the amount of child support payable to the children. The Child Support Guidelines set out the basic monthly amounts of child support that each parent must pay on a monthly basis. The amount of child support that a parent has to pay depends on the following three factors:
- Gross income of the payor parent;
- Number of children covered by the child support order; and
- The province/ territory in which the parents live
Generally speaking, in determining the payor parent's income, family lawyers begin with the payor parent's line 150 income as outlined in his/her Income Tax Return. Notably, additional disclosure is often looked at in order to determine the payor parent's income with certainty.
With that being said, it is very common for a parent's income to fluctuate after the payor parent's child support obligations are determined. It is for this reason that the Child Support Guidelines state that where a Court Order is in place with respect to child support, every year within thirty days of the anniversary of the date of the Order, relevant financial disclosure must be exchanged between the parties. This legislation is intended to ensure that the payor parent's income is properly determined for child support purposes.
Notably, it is very common for separated couples to resolve their family law matters outside of the Court system by way of Separation Agreement. As such, in most situations, family lawyers recommend that an annual review clause be incorporated into the parties' Separation Agreement. This clause is included in the Separation Agreement to ensure that the payor parent's child support obligations are reviewed on an annual basis and varied in accordance with his/her annual income.