Acts and Regulations

2020, c.23 - Family Law Act

Section 12
Disposition versions

Full text
Determination of amount of child support
12(1)In a child support order made under subsection 11(1),
(a) if the child has not attained the age of majority, the support to be provided shall be an amount determined in accordance with the child support guidelines, or
(b) if the child has attained the age of majority, the support to be provided shall be an amount determined in accordance with the child support guidelines or, if the Court considers that amount to be inappropriate, an amount the Court considers appropriate, having regard to the means, needs and other circumstances of the child and the financial ability of each parent to contribute to the support of the child.
12(2)Despite paragraph (1)(a), the Court may award for a child who has not attained the age of majority an amount of child support that is different from the amount that would be determined in accordance with the child support guidelines if the Court is satisfied
(a) that special provisions in an order, a judgment or a written agreement respecting the financial obligations of the parents of the child, or the division or transfer of their property, directly or indirectly benefit the child, or that special provisions have otherwise been made for the benefit of the child, and
(b) that the amount determined in accordance with the child support guidelines would be an amount that is inequitable given those special provisions.
12(3)When the Court awards an amount under subsection (2) that is different from the amount that would be determined in accordance with the child support guidelines, the Court shall record its reasons for doing so.
12(4)Despite paragraph (1)(a), on the consent of the parents of a child who has not attained the age of majority, the Court may award an amount that is different from the amount that would be determined in accordance with the child support guidelines if it is satisfied that reasonable arrangements have been made for the support of the child to whom the order relates.
12(5)For the purposes of subsection (4), in determining whether reasonable arrangements have been made for the support of a child, the Court shall have regard to the child support guidelines.
12(6)Despite subsection (5), the Court shall not consider the arrangements to be unreasonable because the amount of support to which the parents have agreed is not the same as the amount that would otherwise have been determined in accordance with the child support guidelines.
Determination of amount of child support
12(1)In a child support order made under subsection 11(1),
(a) if the child has not attained the age of majority, the support to be provided shall be an amount determined in accordance with the child support guidelines, or
(b) if the child has attained the age of majority, the support to be provided shall be an amount determined in accordance with the child support guidelines or, if the Court considers that amount to be inappropriate, an amount the Court considers appropriate, having regard to the means, needs and other circumstances of the child and the financial ability of each parent to contribute to the support of the child.
12(2)Despite paragraph (1)(a), the Court may award for a child who has not attained the age of majority an amount of child support that is different from the amount that would be determined in accordance with the child support guidelines if the Court is satisfied
(a) that special provisions in an order, a judgment or a written agreement respecting the financial obligations of the parents of the child, or the division or transfer of their property, directly or indirectly benefit the child, or that special provisions have otherwise been made for the benefit of the child, and
(b) that the amount determined in accordance with the child support guidelines would be an amount that is inequitable given those special provisions.
12(3)When the Court awards an amount under subsection (2) that is different from the amount that would be determined in accordance with the child support guidelines, the Court shall record its reasons for doing so.
12(4)Despite paragraph (1)(a), on the consent of the parents of a child who has not attained the age of majority, the Court may award an amount that is different from the amount that would be determined in accordance with the child support guidelines if it is satisfied that reasonable arrangements have been made for the support of the child to whom the order relates.
12(5)For the purposes of subsection (4), in determining whether reasonable arrangements have been made for the support of a child, the Court shall have regard to the child support guidelines.
12(6)Despite subsection (5), the Court shall not consider the arrangements to be unreasonable because the amount of support to which the parents have agreed is not the same as the amount that would otherwise have been determined in accordance with the child support guidelines.