LEGL-280 Lecture Notes - Lecture 5: Child Custody

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Calculation of child support is determined by the federal child. Support guidelines: main factors used in determining amount are, level of income of payer, number of children, type of custody, province of payer. Adjustments for special expenses: s. 7 of guidelines, daycare, medical or dental insurance, health related expenses that exceed annually, school, post secondary, extra curricular activities. The courts will look at the best interests of the children regarding the expense as well as the reasonableness of expense: family"s spending pattern prior to separation. S. 7 expenses are shared by both parents in proportion to their income: the amount of support can also be adjusted according to s. 10 for undue hardship. In order to claim undue hardship: person claiming it cannot have higher standard of living that the child, test set out in schedule 2 of guidelines, reduction of support for undue hardship may be time limited.

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