Child Support - some income exempted

[Janus]

Recent Case:

CanLII - 2016 ONSC 817 (CanLII)

[13] Ms. Parks is employed as a Registered Nurse at Brampton Civic Hospital and earns $95,607. She has two part time jobs as well. Ms. Parks has had the primary responsibility for the children for all these years and has worked hard to support them. In assessing support for Andre I find that this is one of those very rare cases where only her income from her main job should be considered. Normally in a situation of shared custody, the Child Support Guidelines mandate a set-off. However, where as in this case, Ms. Parks has borne the brunt of the financial responsibility it seems to me to make more sense to calculate support for three children and divide that amount accordingly.

[arabian]

He didn't pay ANY child support prior to 2011 after a long-term separation. This could be the judge's rationale.

[Rioe]

I suspect his judgment may have been from feeling doubtful that the father would ever pay the arrears and this was an unofficial way of making the mother pay him less. Or maybe he felt that if the father actually started paying CS, the mother wouldn't need to work these additional jobs but might not feel she could quit them if her CS was calculated on her increased income.