The appellant appealed an Ontario Court of Justice order requiring him to pay full table child support despite a separation agreement providing for shared parenting and set-off child support.
The trial judge had concluded that the father did not meet the 40 percent parenting time threshold under s. 9 of the Child Support Guidelines and ordered full guideline support.
On appeal, the court found there was no evidentiary basis for concluding the father had less than 40 percent parenting time and that the separation agreement provided for equal time.
The appellate court held the trial judge misapprehended the evidence and improperly set aside the parties’ agreement without reasons.
The order was set aside and the parties remained bound by their separation agreement.
