Francis+c.+Baker,


 * __Thomas Bruce Baker v. Monica Frieda Francis__**

Baker (Appellant) Francis (Respondent) On appeal from the CA Ontario

__FACTS:__ Sugar daddy who makes $945 000 / yearly makes an application to the court that according to s.4(b) of the //Federal Child Support Guidelines//, his monthly child support of $10 000 is "inappropriate".

__ISSUE:__ Is there a cap on child support payments, even for the very rich?

__HELD:__ No. Appeal dismissed. Child support awards are up to the discretion of the trial judge.

__REASONING:__ - Guidelines regulating child support amounts may be deviated from, where the presumption of appropriateness of the award is successfully rebutted by the party seeking a deviation. - S.4(b) of the //Federal Child Support Guidelines// allows for a defendant to deviate from an award amount based on "inappropriateness". __How to interpret "inappropriate":__ - When interpreting family law statute, the courts should look at the purposive meanings of the terms. When the same word is used throughout a statute, its meaning should remain consistent. __Interpretation vs. Application:__ - Regardless, the purposive meaning based on predictability and consistency must be balanced against the recognition of the actual conditions of the child, as well as his means and needs. Any interpretation of child support guidelines should not displace the intention of the Divorce Act, which clearly dictates the maintenance of the best interests of the child. - As such, any deviation from the child support guidelines ought to be up to the discretion of the court on a case-by-case basis, especially on occasions where the amount awarded according to the guidelines is in excess of the child's reasonable needs. __Rich dad, poor dad:__ - Budgeted child expenses are not meant to be so high as to exceed generosity. Still, there is no cap on child support payments.

__RATIO:__ The word "inappropriate" in s.4(b) of the FCSG should be broadly defined to mean "unsuitable", rather than "inadequate". A judge has the discretion to both increase or decrease the amount of child support, where the party seeking a deviation from the normal "table amounts" makes a s.4(b) application (i.e., where he argues that the award payment is "inappropriate").

The federal guidelines on child support budgets is not a "blanket rule". Judges award child support on a case by case basis.