In what circumstances will a court reduce the basic child support amount below the Guidelines amount?

Alberta, Canada


The following excerpt is from C.(L.D.) v. S.(J.), 2001 ABQB 16 (CanLII):

In Green v. Green, supra, Prowse J.A. recognized that there are circumstances where it would not be in the best interests of the children to reduce the Guidelines amount at all. She noted that in Spanier v. Spanier, supra, a reduction in support below the Guidelines amount would not have had a detrimental effect on the child in the custodial home as the lower income mother was married to a physician and both households were relatively prosperous. In the case before her, she awarded basic child support in an amount which was less than the Guidelines amount but greater than the amounts calculated by using any of the formulas. To the basic child support amount she added the access parent’s share of private school fees.

Other Questions


Can a court impute income under section 19(1)(a) of the Child Support Guidelines where the payor has pursued a deliberate course of conduct for the purpose of evading child support obligations? (Alberta, Canada)
What is the test for reducing or reducing the amount of child support ordered by a judge? (Alberta, Canada)
In what circumstances will a court interpret a clause in a child support agreement to the benefit of the child? (Alberta, Canada)
In what circumstances will child support be deducted from income for purposes of calculating child support when a spouse loses a property loss? (Alberta, Canada)
Is child support for two children calculated based on the Federal Child Support Guidelines? (Alberta, Canada)
In what circumstances will the Court allow the Court to amend the Rules of Civil Procedure to allow the Courts to use the functional approach? (Alberta, Canada)
How has the court considered the specific circumstance of a payor spouse’s obligation to pay child support to a second family? (Alberta, Canada)
How has the court considered the relationship between child support and spousal support? (Alberta, Canada)
Does remarriage of a divorced spouse entitled to court-ordered support from a former spouse automatically justify or discharge a subsisting order for spousal and child support? (Alberta, Canada)
Is there any case law in which a child has been awarded under Schedule C of the Child Support Guidelines? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.