Is there a presumption in favour of the Guidelines amount?
British Columbia, Canada
The following excerpt is from S.R.M. v N.G.T.M, 2020 BCSC 468 (CanLII):
There is a presumption in favour of the Guidelines amount and the party seeking to depart from this amount has the onus of rebutting this presumption: Francis v. Baker, 1999 CanLII 659 (SCC), [1999] 3 S.C.R. 250 at para. 42.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the case law in favour of reducing the amount of time a minority-time parent has to spend with her child under s. 9 of the Child Support Guidelines? (British Columbia, Canada)
What is the effect of the BCCA's policy of setting a guideline salary for the purpose of determining the appropriate amount for the purposes of guideline purposes? (British Columbia, Canada)
Can a spouse impute income to their spouse under section 19 of the BC's Income Guidelines Guidelines? (British Columbia, Canada)
Is mobility a presumption in favour of the custodial parent? (British Columbia, Canada)
In what circumstances will the Court use the Spousal Support Advisory Guidelines to determine the appropriate amount of support on variation applications? (British Columbia, Canada)
What is the difference between the presumption of resulting trust and presumption of advancement? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
What is the legal presumption in favour of the custodial parent on an application to vary custody? (British Columbia, Canada)
Does a client have to deduct legal expenses from the capital amount to be invested in a mutual fund before calculating the amount of management fees? (British Columbia, Canada)
Is the custodial parent entitled to a reduction in the amount of his children’s maintenance under the Child Support Guidelines? (British Columbia, Canada)
