What is the test for determining the child's need and the ability of the payor parent to pay child support?
Ontario, Canada
The following excerpt is from Molson v. Molson, 2006 CanLII 44277 (ON SC):
In Horner v. Horner at para. 84, Weiler J. addressed the issue of the child’s need and the payor parent’s ability to pay. She stated that a child’s needs are to be determined with the objective of giving the children the same standard of living that they would have had had the parents’ separation not occurred. She also stated that it is reasonable to expect that child support obligations will increase if the ability of the parent to provide support increases.
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