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have changed since the first order was made, and

Ebrahim is willing to pay the child support

believes he has a lower household standard of

guidelines 'table amount' for the 2 younger

living than his former partner and their child. His

children, but would like the support for Yusra to

former partner has married, and both of them are

be a small amount, just for extras she might want.

working.

Ebrahim knows a lot about Yusra's financial

status. He will fill out a Form 12, the Child Status

Louis' application will include a Form 13, and

and Financial Form, giving the information he

other forms. He will fill out the Financial

knows. The court will ask Tarifa for a 12 too, and

Statement to show the court the income and

will decide on an amount of support for this child.

expenses for everyone in his household. He will

check off any of the reasons listed in Form 9, and

If the paying parent is applying to end support for a

give details or documents. He will also suggest an

child over the 'age of majority', Form 13 will be

amount which he thinks is fair, based on his own

used.

situation

and

what

knows

about

the

respondent's finances.

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

3. Split Custody

respondent's 'reciprocating jurisdiction' (the place

This can be called "split parenting responsibility",

where the respondent lives) will decide on the undue

or "split custody". What it means is that one or more

hardship claim. That court will get a Financial

children live with each parent. When this happens,

Statement from the respondent, and will compare the

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

household incomes of both of you. The court will

other parent has, based on the child support

decide on the amount of support to be paid.

guidelines tables. The parent who pays more,

(because of fewer children, or a higher income)

This ISO Guide cannot give you legal advice on

pays the other parent the difference.

whether to make a claim for undue hardship, or for

how much. If you want to make this claim, you may

On your working copy of Form 9, you will start by

wish to talk to a family law lawyer. The federal

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

government's Department of Justice also has a large

your custody arrangements. The example may help:

booklet, the 'Workbook on Child Support' that can

Example:

help you. You can get a copy by calling 1-888-373-

When Barry and Emily separated they decided

2222. Be sure to tell them that you and the

that both children would live with Emily. Things

respondent do not live in the same province.

have changed, and now the older child has moved

2. Child over the age of majority

to New Brunswick to live with Barry. Barry is

The child support guidelines apply until a child

making a claim for a support amount different

reaches the 'age of majority'. In New Brunswick,

than the 'table amount'. Barry is the applicant;

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

Emily is the respondent. Barry thinks Emily

older and still counts on you and the respondent for

makes about $28,000 a year. Barry makes

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

$39,000.

or change a support order for that child. The court

looks at whether the child still counts on the

In the chart, Barry will write down Emily's income,

parents for support because of the child's "illness,

and will call 1-888-373-2222 to get the 'table

disability, or other cause". The "other cause" part

amount' for Emily's income for the province she

includes 'reasonable education'.

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

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

Example:

When he subtracts his amount from Emily's, he will

Ebrahim and Tarifa had three children. Their

get the claim amount. It's the difference between the

eldest daughter, Yusra, is now 20, goes to

two 'amount payable' numbers, even when it appears

university full time, and lives in another city in

to be a negative number. Barry will write that

campus housing. She is on a full scholarship, and

amount on the blank $_________ section right above

has her living expenses paid through a registered

the chart.

education savings plan her parents set up.

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.

Page 2

Instructions For Form 9 - Request To Pay Child Support, Different Than The Child Support Guidelines Table Amount Page 2

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