In Elliott v. Elliott (2001), 15 R.F.L. (5th) 354, 2001 BCSC 472, Hutchinson J. stated that the discretion in s. 5 to award less than the Guideline figures should be exercised with the objectives of the Guidelines in mind, particularly those set out in s. 1: I conclude that the correct approach in this case is to examine the legal duty of both natural parents; determine a fair standard of support for this child based on his needs: consider the standard of living he experienced before, during and after the marriage; take into account his involvement with the defendant at the time of Lander J.'s order and now; and consider the means and ability of the defendant to pay pursuant to the guidelines (at para. 22).
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