In what circumstances will a husband and wife have to agree on the set-off amount for support for three children?
Ontario, Canada
The following excerpt is from Gauthier v. Hart, 2011 ONSC 815 (CanLII):
[42] In Burns v. Burns, the parties shared custody of the oldest child and the two younger children had their principle residence with the mother. Justice Vogelsang found that the “argument advanced by the husband has the advantage of consistency with the logic of the guidelines and reality. Certainly, the guidelines recognize the principle of economies of scale. The support for three children is less than three times the support quantum for one” (paragraph [22]). In effect, Justice Vogelsang calculated the guideline amounts for 2.5 and .5 children and invited the parties to agree on the set-off amount.
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