Federal Child Support Guidelines: A List of Selected Case Law and Summaries

(Please refer to the official version of the Low Income Measures provision of the Federal Child Support Guidelines on the Department of Justice’s Laws web site.)

SCHEDULE II

Test

2. The comparison of household standards of living test is as follows:

• STEP 1

  Establish the annual income of each person in each household by applying the formula :

  A - B

  where :
  A is the person's income determined under sections 15 to 20 of these Guidelines, and
  B is the federal and provincial taxes payable on the person's taxable income.

  Where the information on which to base the income determination is not provided, the court may impute income in the amount it considers appropriate.

• STEP 2

  Adjust the annual income of each person in each household by :

  1. deducting the following amounts, calculated on an annual basis:

     1. any amount relied on by the court as a factor that resulted in a determination of undue hardship, except any amount attributable to the support of a member of the household that is not incurred due to a disability or serious illness of that member,

     2. the amount that would otherwise be payable by the person in respect of a child to whom the order relates, if the pleading of undue hardship was not made,

        1. under the applicable table, or

        2. as is considered by the court to be appropriate, where the court considers the table amount to be inappropriate,

     3. any amount of support that is paid by the person under a judgment, order or written separation agreement, except

        1. an amount already deducted under subparagraph (i), and

        2. an amount paid by the person in respect of a child to whom the order referred to in subparagraph (ii) relates; and

  2. adding the following amounts, calculated on an annual basis:

     1. any amount that would otherwise be receivable by the person in respect of a child to whom the order relates, if the pleading of undue hardship was not made,

        1. under the applicable table, or

        2. as is considered by the court to be appropriate, where the court considers the table amount to be inappropriate.

     2. any amount of child support that the person has received for any child under a judgment, order or written separation agreement.

     SOR/97-563, s.11(1),(2)

• STEP 3

  Add the amounts of adjusted annual income for all the persons in each household to determine the total household income for each household.

• STEP 4

  Determine the applicable low-income measures amount for each household based on the following:

  Low-income Measures

  Household Size	Low-income Measures Amount
  1 adult	$10,382
  2 adults	$14,535
  1 adult and 1 child	$14,535
  3 adults	$18,688
  2 adults and 1 child	$17,649
  1 adult and 2 children	$17,649
  4 adults	$22,840
  3 adults and 1 child	$21,802
  2 adults and 2 children	$20,764
  1 adult and 3 children	$20,764
  5 adults	$26,993
  4 adults and 1 child	$25,955
  3 adults and 2 children	$24,917
  2 adults and 3 children	$23,879
  1 adult and 4 children	$23,879
  6 adults	$31,145
  5 adults and 1 child	$30,108
  4 adults and 2 children	$29,070
  3 adults and 3 children	$28,031
  2 adults and 4 children	$26,993
  1 adult and 5 children	$26,993
  7 adults	$34,261
  6 adults and 1 child	$33,222
  5 adults and 2 children	$32,184
  4 adults and 3 children	$31,146
  3 adults and 4 children	$30,108
  2 adults and 5 children	$29,070
  1 adult and 6 children	$29,070
  8 adults	$38,413
  7 adults and 1 child	$37,375
  6 adults and 2 children	$36,337
  5 adults and 3 children	$35,299
  4 adults and 4 children	$34,261
  3 adults and 5 children	$33,222
  2 adults and 6 children	$32,184
  1 adult and 7 children	$32,184

• STEP 5

  Divide the household income amount (Step 3) by the low-income measures amount (Step 4) to get a household income ratio for each household.

• STEP 6

  Compare the household income ratios. The household that has the higher ratio has the higher standard of living.