Modifying Support Payments
After a final child support order is made, the court may vary it where there has been a material change in circumstances such that a different order would result. This authority is set out in s. 14 of the Federal Child Support Guidelines. The most common trigger is a change to the payor’s income, requiring the support amount to be adjusted to the applicable Table amount for the new income.
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A relocation by the parent with primary residence that increases the other parent’s costs of exercising parenting time;
The child withdraws from parental control, completes post-secondary education, or otherwise becomes self-sufficient; or
The child begins spending 40% or more of the time with the support-paying parent (shared parenting time), which may engage a set-off or other adjustment to the Table amount.
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Generally, the recipient parent’s remarriage, cohabitation, or new employment does not change the Table amount of child support. The payor’s obligation is owed to the child, who has a right to benefit from their parents’ financial means. A new partner’s willingness or ability to contribute does not displace the payor’s duty to support.
However, changes to the recipient parent’s income can affect the sharing of special or extraordinary expenses under s. 7 of the Guidelines. These expenses (e.g., childcare, medical/dental not covered by insurance, post-secondary costs) are typically apportioned in proportion to the parents’ incomes, so an income change may warrant a revised allocation.
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If the parties have an agreement setting a support amount that does not comply with the Guidelines, either party may apply to vary it. On such an application, the court may make an order that aligns child support with the Guidelines, notwithstanding the parties’ previous agreement.
Why Choose Haider Khan Legal?
Haider Khan Legal assists clients by ensuring you obtain the best possible outcome given the facts. We closely examine the existing order or arrangement while comparing the past circumstances against any present changes in income, employment, health, or proportion of time spent with the child. Next, we review the financial disclosure, any applicable guidelines, and all available procedural options in order to deliver all applicable and appropriate modifications.
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