Jacqueline B.G. King

The court addressed the issue of guideline child support in an addendum to a ruling released March 5, 2012.

The applicant father had returned to university, reducing his income from approximately $41,000 annually to minimal earnings as a teaching assistant.

The respondent mother argued the applicant was intentionally under-employed to avoid support obligations.

The court found the applicant was intentionally under-employed within the meaning of section 19 of the Child Support Guidelines but recognized his reasonable prospect of higher future earnings.

The court imputed income at $21,840 per year (based on $10.00 per hour for 42 hours weekly) rather than his previous $41,000 income level, resulting in child support payments of $186.00 per month from September 1, 2011, decreasing to $174.00 per month effective January 1, 2012, with retroactive payments of $371.00 per month for the period April 1, 2011 to August 30, 2011.

The applicant brought a motion to vary a temporary order made August 3, 2011, seeking to terminate his obligation to contribute one-third of daycare costs (approximately $350 per month) for the parties' child.

The applicant, pursuing a PhD in physics and funded through OSAP, argued the obligation was too onerous.

The respondent was attending Teachers College with expectations of graduation and employment.

The court found no significant change in circumstances warranting variation.

Both parties had chosen to pursue higher education simultaneously, creating financial burden that must be fairly shared.

The court dismissed the motion but directed the respondent to maximize tax deductions available for daycare expenses, with the applicant's obligation limited to one-third of the net cost after tax benefits.