Are there situations where the Guidelines table amounts do not apply in Ontario?

The Child Support Guidelines table amounts apply in the vast majority of cases, but several situations allow a court to depart from the standard table figure. Understanding when the table does not bind the court helps explain why support in some cases is set at a different level.

The main exceptions are: shared custody (each parent has at least 40% of parenting time), split custody (each parent has primary care of at least one child), income over the top of the table (the court has discretion above a certain income threshold), undue hardship (narrow financial hardship grounds on either side), and cases where spouses agree on a different amount and the court finds the child's needs are met. There is also a provision for cases where the table amount would be inappropriate given special circumstances unique to the child or family.

Even when a table departure is permitted, courts use the table as a benchmark and require a clear justification for going above or below it. The burden is on the party seeking to depart from the table to show why the table amount is inappropriate. In practice, the table governs most cases, and departures require solid legal and factual argument. If you believe your situation justifies a departure, discuss the specific exception with a lawyer before negotiating or going to court.