What is the test for joint child support under s. 26.1(2) of the Divorce Act?
British Columbia, Canada
The following excerpt is from Shapiro v. Simpson, 2016 BCSC 211 (CanLII):
Parents have a joint and ongoing legal obligation to provide reasonable and necessary support for children of the marriage. In order to meet his or her child support obligation, each parent must earn what that parent is capable of earning within the specific context and circumstances of the family. See Shapiro No. 1, at para. 42 (citing Vlek v. Graff, 2013 BCSC 1906, at para. 34). This principle is also reflected in s. 26.1(2) of the Divorce Act, which provides that the Guidelines are “based on the principle that spouses have a joint financial obligation to maintain the children of the marriage in accordance with their relative abilities to contribute to the performance of that obligation.” Mr. Justice Butler commented further, at para. 74 of Shapiro No. 1:
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