Pursuant to s. 3 of the Federal Child Support Guidelines, the amount of a child support payable (for a child under 19) is the amount set out in the applicable table for the income of the payor.
Section 4 of the FCSG provides for the determination of child support when the payor’s income exceeds $150,000 per year: (a) the amount under s. 3; or (b) if that amount is inappropriate, (i) the table amount up to $150,000; and (ii) in respect of the balance of the income, what is appropriate considering the the condition, means, needs and other circumstances of the children and the financial ability of each spouse; and (iii) the amount, if any, paid under section 7.
On an interim application for child support the court tries to put in place a reasonable arrangement which will serve the interests of the children and the parties until a thorough review of the family’s circumstances can take place at trial. Any unfairness may be resolved by the trial judge: Roche v. Chen, 2012 BCSC 1290.
Unless there are exceptional circumstances, the court will apply the Spousal Support Advisory Guidelines to determine the quantum of interim spousal support. The court is unlikely to impute income to a party on an interim application, unless there are exceptional circumstances: F. (I.) v. R. (R.J.) 2015 BCSC 793.
Section 15.3(1) of the Divorce Act states that the court should give priority to child support where it is considering both an application for child support and an application for spousal support.