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ISO Guide

Form 9

Request to Pay Child Support,

Different than the Child Support Guidelines Table Amount

373-2222,

use

the

Internet

address

Who should use Form 9 and this ISO Guide?

Use Form 9 if you are the person paying child

support. In most cases you will already have a

support order (or written agreement) that you want

You will use Form 9 if you are asking the court for an

to change. If you do, you will also fill out Form 13

order that you pay a different amount than what's

and a number of other forms.

listed in the 'table amount'.

You could also be a person paying child support

Your choices

without a support order or written agreement. You

For a person paying support, there are four choices.

may want the court to decide how much support you

Each one is the reason why a support amount should

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

be something different than the 'table amount'. Not

amount in the child support guidelines tables. You

all of them will apply to you. Please read each

will use Form 9 and a number of other forms to

section carefully, and make notes on this Guide, or

make your application. Or, you may be responding

on your 'working' copy of Form 9. When you have

to the other person’s application to the court for an

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

order that you pay support, or to change the amount

applies to you.

of support you pay.

1. Undue Hardship Claim

You agree to pay support, but you feel you should

For most Canadians, the 'table amounts' are what

pay an amount different than the one stated in the

the courts use when deciding the amount of support.

child support guideline tables.

If, as an applicant, you make a claim for undue

hardship, you are asking the court to order support

lower than the 'table amount'.

The Child Support Guidelines

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 version of the guidelines.

second is if your household income would be lower

than the respondent's if the 'table amount' is ordered.

The guidelines reflect the average amounts spent on

their children by parents at various income levels.

The court will look at the standards of living for the

They include all the normal expenses a parent will

households of both parents. 'Household' includes the

have. The printed guidelines include very detailed

income of every person who lives with you, and

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

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

support should pay. The amount (called the "table

just your income that is considered by the court.

amount") is a percentage of the paying parent's

income, before taxes. It changes depending on the

Example:

number of children.

Louis is having a hard time making ends meet,

and is behind in his support payments. He and his

The courts must follow the child support guidelines.

new wife have just had a second baby so his wife

There are some exceptions. If a child has special

is not working. He was laid off his job, and his

expenses, or the table amount would cause a financial

new job doesn't pay as well, and he has a long

hardship for a parent, the court can order a different

and expensive commute to work. His widowed

mother – who is ill – has come to live with the

amount. The federal Department of Justice has more

information on the guidelines. You can call 1-888-

family, and he is supporting her. Louis wants the

court to make a new order. He knows his finances

The content of this ISO 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.

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Instructions For Form 9 - Request To Pay Child Support, Different Than The Child Support Guidelines Table Amount

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