What is the maximum of the payor spouse's net income that may be deducted to...

The applicable maximum is 50% of the payor's net amount under the ordinary support-deduction framework.

Ontario's Family Responsibility and Support Arrears Enforcement Act provides that the total amount deducted by an income source and remitted under a support deduction order generally must not exceed 50% of the net amount owed by the income source to the payor.

The “net amount” concept is important because the statutory limit does not simply mean 50% of gross salary. Required statutory deductions are taken into account in determining the amount available for enforcement.

The support obligation itself continues to exist even where enforcement through a particular income source is limited. Arrears can accumulate and other enforcement measures may become available. There are also specific statutory exceptions applying to certain lump-sum amounts and enforcement circumstances, so the 50% figure should be understood as the standard deduction limit tested by the question rather than an absolute limit in every possible enforcement proceeding.

Accordingly, among the four alternatives, 50% correctly represents the general maximum deduction against the payor's net income source for support enforcement.

FPII reference/topic: Family Law — child-support enforcement; support deduction orders; garnishment; limits on deductions from income.

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