In particular these observations of Bastarache J. in Francis v. Baker (1999) 1999 CanLII 659 (SCC), S.C.J. No. 52; [1999] 3 S.C.C. 250 should inform the court’s exercise of discretion in cases such as this as well where the payor parent has exceptionally high levels of income and the ability to pay at and even beyond guideline levels of support. 1. While standard of living may be a consideration in assessing need, at a certain point, support payments will meet even a wealthy child’s reasonable needs…(however) courts should not be too quick to find that guideline figures enter the realm of wealth transfers or spousal support…courts must therefore have the discretion to remedy situations where Table amounts are so in excess of the child’s reasonable needs so as to no longer qualify as child support (para. 41); 2. Trial judges are not required to adjust child support orders to be in line with submitted budgets. To the contrary, the Guidelines confer broad discretion on trial judges to consider a number of factors of which the child’s needs are but one (para. 46); 3. While child support budgets constitute evidence on which a custodial parent may be cross-examined, their inherent imprecision must be kept in mind (para. 49); and 4. The sheer size of a guideline level amount is not sufficient reason to make a different award (para. 52).
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