if the Court finds that reasonable arrangements for the support of children have not been made, it will not grant the divorce.
s. 11(1)(b) of the Divorce Act sets out that it is the duty of the Court to satisfy itself that reasonable arrangements have been made for the support of any children of the marriage, having regard to the applicable guidelines, and, if such arrangements have not been made, to stay the granting of the divorce until such arrangements are made.
The case of Ninham and Ninham (2001) is an example where reasonable arrangements were not made.
Here, the non-custodial parent was paying the custodial parent less than half the amount that she was entitled to per month under the Child Support Guidelines. The Court stayed the divorce for this reason, until “further evidence is provided that satisfies the court’s obligation under s. 11(1)(b) of the Divorce Act.” (para. 19)