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Difference between revisions of "Child Support Guidelines"
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→Orders for child support
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An order for child support typically contains the following elements: | An order for child support typically contains the following elements: | ||
*a statement of the names and birthdates of the children for whom support will be paid, | |||
*a declaration of the payor's income, | |||
*an order as to the Guidelines amount payable, | |||
*an order about the exchange of income information, and | |||
*a statement of the date on which child support will no longer be payable. | |||
These elements look like this in a typical order made under the ''[[Divorce Act]]'': | These elements look like this in a typical order made under the ''[[Divorce Act]]'': | ||
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The point of the last clause of each of these sample orders is to require the payor to annually provide evidence of their 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 their income to the recipient so that both parties can decide whether an increase or a decrease in the amount payable is appropriate. | ||
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) | 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), 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. | 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. | ||
