Amendments to the Federal Child Support Guidelines effective May 1, 2006

1. Increases in Child Support Tables

The “table” amount of child support based on the payor's income and the number of children, has increased in Ontario, the first such increase since May 1997 when the Guidelines came into effect. By way of example, a payor earning $150,000 a year will now have to pay per month for one child $1,254, for two children $1,992, and for three children $2,581. A person who earns $100,000 will pay per month for one child $877, for two children $1,404 and 3 children $2,581. A $50,000 a year income-earner will pay $462 for one child, $753 for two children and $986 for three children. The table goes up to a maximum of six or more children.

2. How to get the Increase

The new tables will be by law regarded as a material change in circumstances which warrants a variation in the amount of child support. Therefore unless the payor consents, a motion will have to be brought to court by the recipient of child support. Ontario’s Family Responsibility Office will not enforce the new child support without a new court order or agreement between the parties.

3. Clarifying “extraordinary expenses” (section 7)—amounts above the tables

The amendment re-defines the term "extraordinary" and sets out a two-step definition of this term. The first step is to consider the requesting spouse’s income as paragraph 7 (1.1) (a) defines extraordinary expenses as expenses that exceed what the requesting spouse can reasonably afford, taking into account that spouse's income.

The second step, if the requesting spouse is found to be able to afford the expense, is to determine if it is still considered extraordinary (and an expense to which the payor spouse must contribute), based on the following factors:

1. the amount of the expense in relation to the income of the requesting spouse and the table amount of child support;
2. the type and extent of programs and activities;
3. any special needs and talents of the children;
4. the overall costs of the programs and activities; and
5. any other similar relevant factor.