CanadaCan child support amounts differ from the Guidelines table for high-income parents?
Yes, child support amounts can differ from the Guidelines table for parents with income over $150,000 — courts have discretion to set appropriate amounts based on the child’s needs and the parents’ means.
What the Law Says
The Federal Child Support Guidelines — made under the Divorce Act — set standard child support amounts based on the paying parent’s income and number of children. However, special rules apply when income exceeds a certain level.
Section 4 of the Federal Child Support Guidelines (incorporated under the Divorce Act) specifically addresses cases where the paying parent’s annual income is over $150,000. It states that the table amount is only a starting point — not a fixed ceiling or floor.
Courts must consider the condition, means, needs, and other circumstances of the child and both spouses. This includes lifestyle, extraordinary expenses, and the standard of living the child would have enjoyed if the family had remained intact.
Statutory TextGovernor in Council may establish guidelines regarding child support amounts based on income of the paying parent.
— Divorce Act, s. 26.1 — Federal Child Support Guidelines
What Courts Have Said
The Supreme Court of Canada has confirmed that judges retain meaningful discretion when applying the Guidelines to high-income cases.
The Court held that s. 4 of the Guidelines gives judges discretion to order more (or less) than the table amount when income exceeds $150,000 — but such decisions must be guided by the child’s best interests and the parents’ financial realities, not just arithmetic.
What to Do
Calculate the table amount for your income using the Federal Child Support Guidelines tables.
Gather evidence of the child’s actual needs, lifestyle, and any extraordinary expenses (e.g., private school, medical care, extracurriculars).
Prepare financial statements showing both parents’ incomes, assets, and spending patterns.
Ask the court to consider s. 4 of the Guidelines and the principles in Francis v. Baker when determining an appropriate amount.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.