Source summaryWhat this source covers
Official federal regulations addressing child-support amounts, income, special expenses, variation and disclosure where the federal Guidelines apply.
For exact wording, dates, exceptions and current requirements, read the original source. Binding law and court directions take priority over explanatory material.
Open the official source ↗Law and rulesRelated official provisions
Binding law / official textCentral West Region Practice Direction
Rule 13 — (3.1) of the Family Law Rules sets out which documents MUST be included with a Financial Statement where child or spousal support has been sought. An updated Certificate of Financial Disclosure must be provided to the other party.
A party who has not made all reasonable efforts to comply with their disclosure obligations may be subject to a cost sanction, directions/terms imposed and/or the adjournment of any motion brought by that party until compliance. In egregious cases, upon motion, continued non-compliance may result in a party’s pleadings being struck or found in contempt of Court.
C. Motions to Change
The Family Law Rules direct the Court to determine the next steps in a Motion to Change, with a view to ensuring that these motions proceed in the most efficient manner appropriate in the circumstances. The Court is directed to determine the most appropriate process for reaching an expeditious and just conclusion of the case in the circumstances.
A new Motion to Change Endorsement form is available here. Parties are encouraged to provide a draft Motion to Change Endorsement form with their materials for the first judicial conference to obtain early direction regarding the most appropriate process for the case.…
Ontario Superior Court of JusticeSuperior Court of Justice — Central West
Open official source ↗Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Rule 13 — (3.1) of the Family Law Rules addresses the documents that must be included with a party’s financial statement where child or spousal support has been sought. A party should provide an updated Certificate of Financial Disclosure (Form 13A) to the other party with this documentation.
If disclosure cannot be resolved prior to the case conference, the party seeking disclosure must include in their materials a list of the outstanding disclosure in accordance with Rule 13(11.01) of the Family Law Rules .
The court may award costs pursuant to Rules 17(18) or 24(7) where a party has failed to comply with their disclosure obligations.
Counsel and parties should address all disclosure issues in advance of the settlement conference. Any motions for disclosure must be heard in advance of the settlement conference.
More information about financial statements and the documents that shall be exchanged to support a financial statement is available here .
1. Automatic Disclosure Orders Under Rule 8.0.1
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Open official source ↗Binding law / official textFederal Child Support Guidelines
Document
a
S.C. 1997, c. 1, s. 11
b
R.S., c. 3 (2nd Supp.)
Objectives1The objectives of these Guidelines are(a)to establish a fair standard of support for children that ensures that they continue to benefit from the financial means of both spouses after separation;(b)to reduce conflict and tension between spouses by making the calculation of child support orders more objective;(c)to improve the efficiency of the legal process by giving courts and spouses guidance in setting the levels of child support orders and encouraging settlement; and(d)to ensure consistent treatment of spouses and children who are in similar circumstances.
Objectives
1
The objectives of these Guidelines are
(a)
to establish a fair standard of support for children that ensures that they continue to benefit from the financial means of both spouses after separation;
(b)
to reduce conflict and tension between spouses by making the calculation of child support orders more objective;
(c)…
Department of Justice CanadaSOR/97-175
Open official source ↗Binding law / official textFederal Child Support Guidelines
Section 6
Continuing obligation to provide income information25(1)Every spouse against whom a child support order has been made must, on the written request of the other spouse or the order assignee, not more than once a year after the making of the order and as long as the child is a child within the meaning of these Guidelines, provide that other spouse or the order assignee with(a)the documents referred to in subsection 21(1) for any of the three most recent taxation years for which the spouse has not previously provided the documents;(b)as applicable, any current information, in writing, about the status of any expenses included in the order pursuant to subsection 7(1); and(c)as applicable, any current information, in writing, about the circumstances relied on by the court in a determination of undue hardship.Below minimum income(2)Where a court has determined that the spouse against whom a child support order is sought does not have to pay child support because his or her income level is below the minimum amount required for application of the tables, that spouse must, on the written requ…
Department of Justice CanadaSOR/97-175
Open official source ↗Binding law / official textFederal Child Support Guidelines
Schedule II
Definitions1The definitions in this section apply in this Schedule.average tax rate[Repealed, SOR/2000-337, s. 7]child means a child of the marriage or a child who(a)is under the age of majority; or(b)is the age of majority or over but is unable, by reason of illness, disability or other cause to obtain the necessaries of life. (enfant)household means a spouse and any of the following persons residing with the spouse(a)any person who has a legal duty to support the spouse or whom the spouse has a legal duty to support;(b)any person who shares living expenses with the spouse or from whom the spouse otherwise receives an economic benefit as a result of living with that person, if the court considers it reasonable for that person to be considered part of the household; and(c)any child whom the spouse or the person described in paragraph (a) or (b) has a legal duty to support. (ménage)taxable income means the annual taxable income determined using the calculations required to determine Taxable Income in the T1 General form issued by the Canada Revenue Agency. (revenu impos…
Department of Justice CanadaSOR/97-175
Open official source ↗Binding law / official textFamily Orders and Agreements Enforcement Assistance Act
Part III
Definitions62The definitions in this section apply in this Part.appropriate Minister means a minister of the Crown in right of Canada who is responsible for the issuance of any type or class of licence set out in the schedule. (ministre compétent)debtor means a person who is in arrears under a support order. (débiteur)licence means a licence, a permit, a certificate or an authorization of any kind, and includes a passport within the meaning of section 2 of the Canadian Passport Order. (autorisation)licence denial application means an application made under section 67. (demande de refus d’autorisation)Minister means the Minister of Justice. (ministre)persistent arrears, in respect of a support order, means(a)arrears in any amount due to the failure to make in full the payments required in respect of any three payment periods, within the meaning of the support order, or(b)accumulated arrears of $3,000 or more. (être en défaut de façon répétée)prescribed means prescribed by the regulations. (Version anglaise seulement)provincial enforcement service …
Department of Justice CanadaR.S.C., 1985, c. 4 (2nd Supp.)
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