Family Law Principles that we can learn from Thompson v. Thompson 2013 ONSC 5500(Child Support)
In the realm of child support, the court generally follows the Federal Child Support Guidelines, which provide a framework for the calculation of child support. This includes considering the income of the parents, the number of children, and the custody arrangement.
LEGAL PRINCIPLES RELATING TO CHILD SUPPORT
Under the jurisdiction of The Divorce Act, both child and spousal support claims are governed and regulated.
The Divorce Act allows the courts to exercise their power in ordering a spouse to provide financial support for any "children of the marriage."
This term, as defined by the act, refers to a child who is under the age of majority, or alternatively, a child who has already reached the age of majority but is unable to withdraw from their parents' care due to certain circumstances. These circumstances could include illness, disability, or other causes that might prevent them from being self-sufficient.
The court possesses the authority to make a child support order for a specific period, which could be either definite or indefinite. Alongside this, the court can also impose various terms, conditions, or restrictions as it deems appropriate and just, considering the circumstances of the case. This allows for a degree of flexibility and tailoring to individual situations.
The Federal Child Support Guidelines generally guide the decisions regarding these orders. These guidelines serve as a framework for determining the amount and duration of support. However, the court maintains the discretion to award a different amount in special cases. These cases might involve extraordinary expenses or income levels, for example. This exception ensures that the financial support provided is fair and reflective of the unique circumstances of each case.
Presumptive Rules Relating to Child Support Determinations
The process of determining child support under the Guidelines begins with section 3. This provision is applicable to children who are under the age of majority. The child support amount is stipulated in the relevant table, which is based on the number of children involved and the income of the spouse from whom the order is sought. These tables serve as a reference point to ensure fairness and consistency in child support determination.
When it comes to children of majority age or over, the process is slightly different but still rooted in the basic principles of fairness and adequacy. The amount of child support is primarily determined as if the child were under the age of majority. However, the court retains the discretion to deviate from this if it deems it inappropriate given the circumstances.
In such cases, the court takes into consideration a variety of factors, including the child's condition, means, needs, and any other relevant circumstances. These factors can be wide-ranging and include the child's educational needs, health conditions, standard of living, and the cost of living in their area. The court also takes into account each spouse's financial ability to contribute towards child support. This ensures that the burden is distributed in a manner that is equitable and takes into account the financial realities of each spouse.
Special or extraordinary expenses
The Ontario Court of Appeal in the case of Titova v. Titov, sets out the steps for determining how to make an Order for section 7 special or extraordinary expenses. These steps include calculating each party's income, determining if the expense falls within the categories set out in section 7 of the Guidelines, assessing if the expense is necessary and reasonable, checking if the expense meets the definition of "extraordinary", and considering the amount the child should contribute to the expense, along with the application of any tax deductions or credits.
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