- 17% of the combined parental income for one child;
- 25% of the combined parental income for two children;
- 29% of the combined parental income for three children;
- 31% of the combined parental income for four children; and
- no less than 35% of the combined parental income for five or more children.
Where there are five or more children, the court must exercise its discretion in fixing
the amount of the child support percentage. Where the combined parental income exceeds
$80,000 per year, after the court determines the non-custodial parent's share of the
"basic child support obligation", it must next determine the amount of child
support for the amount of combined parental income in excess of $80,000. It may do so, in
the exercise of its discretion, through consideration of ten discretionary factors and/or
the child support percentage.
There are two additional items of support which are part of and which the court must
consider in determining the "basic child support obligation" and two items it
may consider in determining the non-custodial parent's share of the "basic child
support obligation": When a custodial parent is working or receiving education leading to employment,
reasonable child care expenses must be apportioned pro rata, in the same proportion as
each parent's income is to the combined parental income.
In addition, the Court must fix the non-custodial parent's pro-rata share of the
child's future reasonable health care expenses not covered by insurance, prorated in the
same proportion that each parent's income is to the combined parental income and the non
custodial parent's pro rata share must be paid in the manner determined by the Court.
The Court may also make an award directing the non custodial parent to pay the costs of
present or future post-secondary, private, or special education for the child. The
non-custodial parent will pay these expenses in the manner determined by the Court. This
provision is discretionary. When the Court determines that the custodial parent is
"seeking work" and incurs child care expenses as a result, it may determine
reasonable child care expenses and apportion them between the custodial and the
non-custodial parent. The Court can direct the manner of such payment. This provision is
also discretionary.
The CSSA mandates that a minimum of $25.00 per month be fixed as child support even if
the non-custodial parent is unemployed and has no income or assets.
Can my spouse and I agree to amounts that are different from the amount of child
support required by the "CSSA" guidelines?
Yes. You and you spouse can waive the provisions of The Child Support Standards Act
provided that you do so in writing, and the agreement contains certain required language
demonstrating that you have been advised as to the amount of child support that would have
to be paid were the CSSA guidelines being observed, and further, the agreement lists the
reason or reasons that it does not provide for payment of that amount. This provision may
not be waived by either party or their counsel.