The father applied to reduce his child support obligations, claiming the child was in his custody for at least 40 percent of the time.
The motions judge granted the application and reduced the support retroactively, without making findings on income or analyzing the factors under section 9 of the Federal Child Support Guidelines.
The mother appealed.
The Divisional Court allowed the appeal, holding that the principles from Francis v. Baker apply to all statutory exceptions under the Guidelines, requiring a presumption in favour of the Guidelines amount and clear and compelling evidence to justify a deviation.
The original support order was restored.
