What is the onus on the applicant to justify a departure from the Guideline amount of support?
Ontario, Canada
The following excerpt is from Hourtovenko v. Hourtovenko, 2021 ONSC 7377 (CanLII):
The respondent submits that the onus is on the applicant to justify a departure from the Guideline amount of support. I disagree. The court in Francis v. Baker unequivocally stated that the presumption in favour of the Guideline amount does not compel a party seeking to challenge that amount to call evidence, and no adverse inference should be drawn from their failure to do so. (para. 43)
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