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Difference between revisions of "Child Support Guidelines"

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Child Support Guidelines (view source)

Revision as of 22:22, 29 November 2016

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→‎Agreements and orders for child support
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<blockquote><tt>THIS COURT ORDERS that:</tt></blockquote>
<blockquote><tt>THIS COURT ORDERS that:</tt></blockquote>
<blockquote><tt>1. The Claimant, Jane Doe, payor, shall pay to the Respondent, John Doe, recipient, the sum of $1,092 per month, commencing on the first day of April 2013 and continuing on the first day of each and every month thereafter until such time as the children are no longer "children of the marriage" as defined by the ''Divorce Act''; and,</tt></blockquote>
<blockquote><tt>1. The Claimant, Jane Doe, payor, shall pay to the Respondent, John Doe, recipient, the sum of $1,092 per month, commencing on the first day of April 2013 and continuing on the first day of each and every month thereafter until such time as the children are no longer "children of the marriage" as defined by the ''Divorce Act''; and,</tt></blockquote>
<blockquote><tt>2. The Claimant shall provide to the Respondent a copy of her tax return on the first day of May 2014 and continuing on the first day of May for each and every year thereafter until such time as the children are no longer "children of the marriage," and the Claimant shall provide to the Respondent a copy of each Canada Revenue Agency Notice of Assessment or Notice of Reassessment within two weeks of her receipt of the same, continuing until such time as the children are no longer "children of the marriage." </tt></blockquote>
<blockquote><tt>2. The Claimant shall provide to the Respondent a copy of her tax return on the first day of May 2014 and continuing on the first day of May for each and every year thereafter until such time as the children are no longer "children of the marriage," and the Claimant shall provide to the Respondent a copy of each Canada Revenue Agency Notice of Assessment or Notice of Reassessment within two weeks of her receipt of the same, and adjusting child support accordingly, and continuing until such time as the children are no longer "children of the marriage." </tt></blockquote>


Under the ''[[Family Law Act]]'', the order would look like this:
Under the ''[[Family Law Act]]'', the order would look like this:
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<blockquote><tt>THIS COURT ORDERS that:</tt></blockquote>
<blockquote><tt>THIS COURT ORDERS that:</tt></blockquote>
<blockquote><tt>1. The Claimant, Jane Doe, payor, shall pay to the Respondent, John Doe, recipient, the sum of $1,092 per month, commencing on the first day of April 2013 and continuing on the first day of each and every month thereafter until such time as the children are no longer "children" as defined by the Family Relations Act; and,</tt></blockquote>
<blockquote><tt>1. The Claimant, Jane Doe, payor, shall pay to the Respondent, John Doe, recipient, the sum of $1,092 per month, commencing on the first day of April 2013 and continuing on the first day of each and every month thereafter until such time as the children are no longer "children" as defined by the Family Relations Act; and,</tt></blockquote>
<blockquote><tt>2. The Claimant shall provide to the Respondent a copy of her tax return on the first day of May 2014 and continuing on the first day of May for each and every year thereafter until such time as the children are no longer "children" as defined by the ''Family Law Act'', and the Claimant shall provide to the Respondent a copy of each Canada Revenue Agency Notice of Assessment or Notice of Reassessment within two weeks of her receipt of the same, continuing until such time as the children are no longer "children." </tt></blockquote>
<blockquote><tt>2. The Claimant shall provide to the Respondent a copy of her tax return on the first day of May 2014 and continuing on the first day of May for each and every year thereafter until such time as the children are no longer "children" as defined by the ''Family Law Act'', and the Claimant shall provide to the Respondent a copy of each Canada Revenue Agency Notice of Assessment or Notice of Reassessment within two weeks of her receipt of the same, and adjusting child support accordingly, and continuing until such time as the children are no longer "children." </tt></blockquote>


The point of the last clause of each of these sample orders is to require the payor to annually provide evidence of his or her income to the recipient so that both parties can decide whether an increase or a decrease in the amount payable is appropriate.
The point of the last clause of each of these sample orders is to require the payor to annually provide evidence of his or her income to the recipient so that both parties can decide whether an increase or a decrease in the amount payable is appropriate.


When parents have ''shared custody'' or ''split custody'' of their children, the amount paid is dependant on both parties' incomes. The same is true where special expenses are being contributed to; the proportion of those expenses each party will pay depends on both of their incomes. In cases like these, the last clause would be changed to require both parents to exchange their income information on an annual basis, not just the payor, and the court would make a finding about both parents' incomes.
If the Order is to include special and extraordinary expenses, the Order will usually include the receiving spouse’s income (including spousal support if that is being paid) and the percentage contribution of each parent to special expenses and will also require both parents to exchange income information each year.  Disclosure of income by both parents is also required in shared and split custody cases as well.
 
It is a good idea to specify in a child support order whether the order is made under the ''Divorce Act'' or the ''Family Law Act'' as it could have an effect on a future variation application.  For more information, see the case of [http://canlii.ca/t/fspd1  ''Yu v. Jordan''], 2012, BCCA 367.


===Agreements for child support===
===Agreements for child support===
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The operative clauses about child support might say something like this:
The operative clauses about child support might say something like this:


<blockquote><tt>15. Jane will pay child support to John in the amount of $1,092 per month, beginning on 1 April 2013 and continuing on the first day of each month afterwards while Jesse and Sandra remain "children" as defined by the ''Family Law Act''.</tt></blockquote>
<blockquote><tt>15. Jane will pay child support to John in the amount of $1,092 per month, beginning on 1 April 2013 and continuing on the first day of each month thereafter while Jesse and Sandra remain "children" as defined by the ''Family Law Act''.</tt></blockquote>
<blockquote><tt>16. Jane will give John a copy of her tax return on the first day of May 2014 and continuing on the first day of May of every year thereafter while Jesse and Sandra remain "children" as defined by the ''Family Law Act''. Jane will give John a copy of each Canada Revenue Agency Notice of Assessment or Notice of Reassessment she received within two weeks of receiving it for so long as the children are still "children."</tt></blockquote>
<blockquote><tt>16. Jane will give John a copy of her tax return by no later than May 31 each year and will also give John a copy of each Canada Revenue Agency Notice of Assessment or Notice of Reassessment within two weeks of receiving it each year for so long as the children are still "children" as defined by the ''Family Law Act''.</tt></blockquote>
 
Both court orders and separation agreements should include the children’s full names, birth dates, the amounts of basic child support and special expenses, the date for the commencement of those payments and the Act under which the child support order is made.  Those details are important so that the court orders and agreements can be enforced.


==Child support tables and calculators==
==Child support tables and calculators==
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