What is the test for child support under section 9 of the Child Support Guidelines?

Ontario, Canada


The following excerpt is from Murphy v. Murphy, 2013 ONSC 7015 (CanLII):

Section 9 of the Federal Child Support Guidelines provides that where a parent or spouse exercises a right of access to, or has physical custody of, a child for not less than 40 percent of the time over the course of a year, the amount of the order for the support of a child must be determined by taking into account: (a) the amount set out in the applicable tables for each of the parents or spouses; (b) the increased costs of shared custody arrangements; (c) and the condition, means, needs and other circumstance of each parent or spouse and of any child for whom support is sought. Once the 40% threshold is met, the court should determine child support in accordance with the three factors in s. 9: Contino v. Leonelli-Contino, 2005 SCC 63 (CanLII) at paras. 24, 37.

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