Appendix B: Federal child support guidelines

• Author: Julien D. Payne, Marilyn A. Payne
• Pages: 631-650

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(Note: This is an unofficial version for reference only. Please refer to

the official version if citing or quoting this legislative material.)

FEDERAL CHILD SUPPORT

GUIDELINES

Current to February , 

SOR/-

Divorce Act

Registration --

Federal Child Support Guidelines

P.C. - --

His Excellency the Governor General in Council, on the recommendation of the Minister of

Justice, pursuant to section 26.1a of the Divorce Actb, hereby establishes the annexed Federal

Child Support Guidelines.

a S.C. 1997, c. 1, s. 11

b R.S., c. 3 (2nd Supp.)

OBJECTIVES

Objectives

1. e objectives of these Guidelines are

(a) to establish a fair standard of suppor t 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.

 CHILD SU PPORT GUIDELINES IN CA NADA, 

INTERPRETATION

Def‌initions

2. (1) e def‌initions in this subsection apply in these Guidelines.

“Ac t”

“Act” means the Divorce Act.

“child”

“child” means a child of the marriage.

“income”

“income” means the annual income determined under sections 15 to 20.

“order assignee”

“order assignee” means a minister, member or agency referred to in subsection 20.1(1) of the

Act to whom a child support order is assigned in accordance with that subsection.

“spouse”

“spouse” has the meaning assigned by subsection 2(1) of the Act, and includes a former spouse.

“table”

“table” means a federal child support table set out in Schedule I.

universal child care benef‌it”

“universal child care benef‌it” means a benef‌it provided under section 4 of the Universal

Child Care Benef‌it Act.

Income Tax Act

(2) Words and expressions that are used in sections 15 to 21 and that are not def‌ined in

this section have the meanings assigned to them under the Income Tax Act.

Most current information

(3) Where, for the purposes of these Guidelines, any amount is determined on the basis

of specif‌ied information, the most current information must be used.

Application of Guidelines

(4) In addition to child support orders, these Guidelines apply, with such modif‌ications

as the circumstances require, to

(a) interim orders under subsections 15.1(2) and 19(9) of the Act;

(b) orders vary ing a child support order;

(c) orders referred to in subsection 19(7) of the Act; and

(d) recalculations under paragraph 25.1(1)(b) of the Act.

Recalculations

(5) For greater certainty, the provisions of these Guidelines that confer a discretionary

power on a court do not apply to recalculations under paragraph 25.1(1)(b) of the Act by a

provincial child support service.

SOR/2007-59, s. 1.