Can a court take into account any special provisions in a divorce or separation agreement?
The Divorce Act recognizes that there are special situations when the amount in the guidelines may not be appropriate. For example, if the paying parent transferred the family home, without being compensated, to the other parent so the children would not have to move, the amount in the Guidelines may not be fair. Both parents would have to agree that this is the case or a judge would have to rule on the matter.
