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FormSupport

Form I

Request to Pay Child Support,

Different than the Child Support Guidelines Table Amount

Who should use Form I and this FormSupport

guide?

You will use Form I if you are asking the court for an

Use Form I if you are the person paying child

order that you pay a different amount than what’s

support. In most cases you will already have a

listed in the ‘table amount’. You start by checking the

support order (or written agreement) that you want to

box at the top left of Form I, beside the first statement.

change. If you do, you will also fill out Form M and

This is your claim.

a number of other forms.

Your choices

You could also be a person paying child support

For a person paying support, there are four choices.

without a support order or written agreement. You

Each one is the reason why a support amount should

may want the court to decide how much support you

be something different than the ‘table amount’. Not

should pay, if you do not believe it should be the

all of them will apply to you. Please read each

amount in the child support guidelines tables. You

section carefully, and make notes on this guide, or on

will use Form I and a number of other forms to make

your ‘working’ copy of Form I. When you have

your application.

read them all, you can decide which one, or more,

apply to you.

This FormSupport guide is written for a person who

already has a support order (or written agreement).

1. Undue Hardship Claim

For most Canadians, the ‘table amounts’ are what the

You are the applicant. The other person is the

courts use when deciding the amount of support. If,

respondent.

as an applicant, you make a claim for undue

hardship, you are asking the court to order support

The Child Support Guidelines

lower than the ‘table amount’.

The Child Support Guidelines are rules for how to

calculate the amount of child support. There are

The court looks at undue hardship claims in two

federal guidelines, and ones for each of the Canadian

parts. The first is whether the ‘table amount’ would

provinces and territories. Many foreign countries also

cause you or the children undue hardship. The

have their own guidelines.

second is if your household income would be lower

than the respondent’s if the ‘table amount’ is

The guidelines look at the average cost of raising a

ordered.

child. They include all the normal expenses a parent

will have. The printed guidelines include very detailed

The court will look at the standards of living for the

lists, or tables, of the amount the parent paying child

households of both parents. ‘Household’ includes

support should pay. The amount (called the “table

the income of every person who lives with you, and

amount”) is a percentage of the paying parent’s

with the respondent. For this kind of claim it’s not

income, before taxes. It changes depending on the

just your income that is considered by the court.

number of children.

Example:

The courts must follow the child support guidelines.

Louis is having a hard time making ends meet, and

There are some exceptions. If a child has special

is behind in his support payments. He and his new

expenses, or the table amount would cause a financial

wife have just had a second baby so his wife is not

hardship for a parent, the court can order a different

working. He was laid off his job, and his new job

amount. The federal Department of Justice has more

doesn’t pay as well, and he has a long and

information on the guidelines. You can call

expensive commute to work. His widowed mother

1-888-373-2222, or use the internet address

– who is ill – has come to live with the family, and

he is supporting her. Louis wants the court to

The content of this FormSupport guide is for general information only – it is not legal advice. You may wish to talk

to a lawyer for assistance in making your application, or responding to one.

AG03010-I

01/2003

GUIDE I – Page 1 of 3

Form I - Request To Pay Child Support, Different Than The Child Support Guidelines Table Amount

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