Laurie H. Pawlitza: A recent case in Nova Scotia shows the high threshold payors must meet before they are able to pay less
Separated spouses who pay child support are often surprised by the short shrift family lawyers give them when they ask why there is such strict adherence to the “table” child support calculated under the Child Support Guidelines .
“Table” child support is based solely on the payor’s income, no matter the income level of the parent with whom the child lives. This issue was under appeal in Nova Scotia in Reid v Faubert, where the mother and child lived in Nova Scotia and the father lived in Ontario. The father estimated that he spent $18-$20,000 annually exercising access to his daughter given the frequent trips back and forth between the provinces.
Justice Cindy A. Bourgeois for the Nova Scotia Court of Appeal, set the trial judge’s decision aside. The Court of Appeal stressed that it is the payor’s obligation to provide clear evidence about why a corporation’s pre-tax income still held in the corporation is not available for support.
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