MAINTENANCE AND SUPPORT - Child support - Considerations - Attendance at educational institution - Variation of obligation - Child support guidelines - Exceptions and exemptions from Guidelines

Law360 Canada ( December 12, 2017, 8:00 AM EST) -- Appeal by the mother from a child support variation order in respect of the parties' adult child. The parties' child lived at home while pursuing post-secondary education on a full-time basis. The motion judge varied child support to require the father to pay $2,000 per month based on an income of $187,429, plus 67 per cent of non-educational s. 7 expenses. The variation order was made pursuant to s. 3(2)(b) of the Guidelines, having regard to financial contributions from the child and mother. No reasons for judgment were provided. The mother appealed. She submitted that the judge should have applied s. 3(2)(a) of the Guidelines, requiring the father to pay $2,575 per month based on his Guideline income. The mother submitted that the child's circumstances were akin to a minor child residing at home....
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