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make a new order. He knows his finances have

Ebrahim is willing to pay the child support

changed since the first order was made, and

guidelines ‘table amount’ for the 2 younger

believes he has a lower household standard of

children, but would like the support for Yusra to be

living than his former partner and their child. His

a small amount, just for extras she might want.

former partner has married, and both of them are

working.

Ebrahim knows a lot about Yusra’s financial

status. He will fill out a Form L, the Child Status

Louis’ application will include a Form M, and other

and Financial Form, giving the information he

forms. He will fill out the Financial Statement to

knows. The court will ask Tarifa for a Form L too,

show the court the income and expenses for

and will decide on an amount of support for this

everyone in his household. He will check off any of

child.

the reasons listed in Form I, and give details or

documents. He will also suggest an amount which

If the paying parent is applying to end support for a

he thinks is fair, based on his own situation and what

child over the ‘age of majority’, Form M will be

he knows about the respondent’s finances.

used. This might happen in Ebrahim’s case if Yusra

finished school and was working.

If you make an undue hardship claim the court in the

respondent’s ‘reciprocating jurisdiction’ (the place

3. Split Custody

where the respondent lives) will decide on the undue

This can be called “split parenting responsibility”, or

hardship claim. That court will get a Financial

“split custody”. What it means is that one or more

Statement from the respondent, and will compare the

children live with each parent. When this happens,

household incomes of both of you. The court will

each parent has a duty to support the child(ren) the

decide on the amount of support to be paid.

other parent has, based on the child support

guidelines tables. The parent who pays more,

This FormSupport guide cannot give you legal

(because of fewer children, or a higher income) pays

advice on whether to make a claim for undue

the other parent the difference.

hardship, or for how much. If you want to make this

claim, you may wish to talk to a family law lawyer.

On your working copy of Form I, you will start by

The federal government’s Department of Justice also

checking the box beside #3. On the lines, describe

has a large booklet, the ‘Workbook on Child

your custody arrangements. The example may help:

Support’ which can help you. You can get a copy by

calling 1-888-373-2222. Be sure to tell them that

Example:

you and the respondent do not live in the same

When Barry and Emily separated they decided that

province.

both children would live with Emily. Things have

changed, and now the older child has moved to BC

2. Child over the age of majority

to live with Barry. Barry is making a claim for a

The child support guidelines apply until a child

support amount different than the ‘table amount’.

reaches the ‘age of majority’. In British Columbia,

Barry is the applicant; Emily is the respondent.

that’s at age 19. If you have a child who is 19 or

Barry thinks Emily makes about $28,000 a year.

older and still counts on you and the respondent for

Barry makes $39,000.

day-to-day support, you can ask the court to make, or

change a support order for that child. The court

In the chart, Barry will write down Emily’s

looks at whether the child still counts on the parents

income, and will call 1-888-373-2222 to get the

for support because of the child’s “illness, disability,

‘table amount’ for Emily’s income, province she

or other cause”. The “other cause” part includes

lives in, and the number of children she has (one,

‘reasonable education’.

in this example). He will do the same thing for

himself. When he subtracts his amount from

Example:

Emily’s, he will get the claim amount. It’s the

Ebrahim and Tarifa had three children. Their

difference between the two ‘amount payable’

eldest daughter, Yusra, is now 20, goes to

numbers, even when it appears to be a negative

university full time, and lives in another city in

number. Barry will write that amount on the blank

campus housing. She is on a full scholarship, and

$______ section right above the chart.

has her living expenses paid through a registered

education savings plan her parents set up.

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.

GUIDE I – Page 2 of 3

Form I - Request To Pay Child Support, Different Than The Child Support Guidelines Table Amount Page 2

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