Non-Table Amount of Child Support

There are some situations where the court can order child support in an amount that is higher or lower than the Table amount. The following are some situations where an amount different than the Table amount may be ordered.

Under the Child Support Guidelines, each parent is expected to contribute to special or extraordinary expenses related to the child. These are expenses that go above and beyond the ordinary expenses for raising a child. Typically, they include things like:

• childcare expenses incurred due to the parent’s job, attendance at school, or illness
• some health-related expenses such as physiotherapy, speech therapy, glasses or contact lenses that exceed any coverage by at least $100 annually
• tutoring and other extraordinary educational expenses
• some elite or advanced training for sports or the arts
• post-secondary education costs for a child who is still dependant on their parents

Any other expenses are included in child support payments or paid for by the parent who has the child at the time. For example, special expenses related to regular day-to-day living usually cannot be claimed for things like:

• food
• clothing
• shelter
• transportation
• weekly allowances
• occasional babysitting services
• basic sports and recreation costs

Either parent can claim special or extraordinary expenses. When these expenses are claimed, both parents are required to provide income information to the court. Generally speaking, the court will consider:

• if the expense is necessary for the child and in keeping with their best interests
• if the expense is reasonable given the income of both parents
• how such an expense would have been treated before the parents’ separation

If allowed, special or extraordinary expenses are then divided between the parents based on their incomes.

Either parent may claim that paying or receiving the Table amount would cause undue hardship. When either parent claims undue hardship, both parents must file household income information with the court.

Generally speaking, the courts have considered undue hardship to mean excessive or exceptional hardship. Determining exactly what that means, however, can be difficult. The type of situations that can lead to undue hardship include situations involving:

• an unusually large debt load
• an ill or disabled child
• support payments to other individuals
• high travel costs involved to visit the child

To determine a claim of undue hardship, the court will look at the income of both households, not just the income of both parents. If income information for other household members is not provided, the court may impute income for them. The court will then compare the standard of living of each household. A parent’s claim of undue hardship will not succeed if it would result in them having a higher standard of living than the other parent. If undue hardship is established, child support payments may be different than the Table amount.

Under the guidelines, older children who are still dependent on their parents may be entitled to child support. The types of situations that can give rise to this include:

• full-time attendance at school
• disability
• any other reason that prevents the child from becoming independent

Child support payments in these situations may be different than the Table amount. Among other things, the court will generally consider what, if any, contribution the child should make towards their own support. The court will also consider what arrangements would have been made if the parents were still together.

Some parenting arrangements may impact how the child support Tables are applied.

Split parenting involves some of the children living most of the time with one parent and other children living most of the time with the other parent. In this case, the income of both parents will be considered in determining the child support amount. If the amounts payable by each parent do not cancel one another out, the amounts can be set off against one another. For example:

Anita and Ray have three children. Two of the children live primarily with Anita and the third child lives primarily with Ray. Anita earns $42,000 per year and Ray earns $64,000 per year. Under the child support Tables, Ray would pay $888 per month to Anita for support of the two children that live primarily with her. Anita would pay $336 per month to Ray for the support of the third child that resides primarily with him. In this case, Ray will pay Anita $552, being the difference between the two amounts.

Under the guidelines, shared parenting is when each parent cares for their child 40% or more of the time. In this case, the amount of child support ordered will take both parents’ income into account. Accordingly, both parents must file income information.

The starting point is usually based on the Table amount each parent would pay. The amounts are then set off against one another. However, this is only the starting point. The court will go on to consider any increased costs for this type of parenting arrangement. They will also consider the conditions, means, needs and other circumstances of both parents and the child or children.

When considering the increased costs, the court will look at the actual amounts each parent spends to provide for the child while in their care. The court will also consider that the total cost will naturally be more since the child has two homes.

When considering the conditions, means, needs and other circumstances of the parents and the child, the court can consider many different things. They will consider the ability of each parent to cover the increased costs of this type of parenting arrangement. The court will also consider the standard of living the child has in each household. For example:

Tom and Betty have one child together. The child spends 3 days each week with Tom and the remaining 4 with Betty. Tom earns $52,000 annually and Betty earns $68,000 annually. Using the child support Tables, Tom would pay Betty $423 per month, while Betty would pay Tom $569 per month. Using the set off calculation, the difference between the two amounts is $146. The court would then go on to consider further adjustments based on the factors mentioned above.

A person who has been like a parent to a child may be required to pay support. However, the court will consider the duty of the child’s other parents to also provide support when determining the amount.

A number of things may be considered when determining if a step-parent has acted as parent to the child. The court will look at how the family functioned when they were together and the nature of the relationship between the child and the step-parent. A person can be considered to have acted as a parent to a child even if they did not adopt the child. Things that can be considered include whether:

• the child participated in activities with the step-parent’s family like their own child would
• the step-parent provided for the child financially
• the step-parent disciplined the child
• the step-parent represented themselves as the child’s parent to the child and to others in the community

The child’s relationship with their biological parent will also be considered.

If the court determines that a step-parent has acted like a parent to the child, they will take into account the biological parent’s duty to support the child when considering the amount the step-parent should pay for child support. The court does not need to simply subtract the amount the biological parent is obligated to pay from the amount the step-parent would be obligated to pay under the guidelines. The determination will depend on the facts of the case.

The Tables for child support end at income of $150,000 annually. For incomes above this amount, a mathematical formula is used to determine the amount of child support payable under the guidelines. Unless a court finds that paying this amount would be inappropriate, the amount ordered will be determined using this formula.

If the court considers the formula amount to be inappropriate, the court will start with the Table for the first $150,000. The court will then add an appropriate amount. To do this, they will look at the condition, means, needs and other circumstances of the children and the financial ability of each parent to contribute to the support of the children. Because the court may consider the financial ability of both parents, income information from both parents is required.