Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.))

Marginal note:Guidelines

• 26.1 (1) The Governor in Council may establish guidelines respecting the making of orders for child support, including, but without limiting the generality of the foregoing, guidelines

  • (a) respecting the way in which the amount of an order for child support is to be determined;

  • (b) respecting the circumstances in which discretion may be exercised in the making of an order for child support;

  • (c) authorizing a court to require that the amount payable under an order for child support be paid in periodic payments, in a lump sum or in a lump sum and periodic payments;

  • (d) authorizing a court to require that the amount payable under an order for child support be paid or secured, or paid and secured, in the manner specified in the order;

  • (e) respecting the circumstances that give rise to the making of a variation order in respect of a child support order;

  • (f) respecting the determination of income for the purposes of the application of the guidelines;

  • (g) authorizing a court to impute income for the purposes of the application of the guidelines; and

  • (h) respecting the production of income information and providing for sanctions when that information is not provided.

• Marginal note:Principle

  (2) The guidelines shall be based on the principle that spouses have a joint financial obligation to maintain the children of the marriage in accordance with their relative abilities to contribute to the performance of that obligation.

• Definition of “order for child support”

  (3) In subsection (1), “order for child support” means

  • (a) an order or interim order made under section 15.1;

  • (b) a variation order in respect of a child support order; or

  • (c) an order or an interim order made under section 19.

Marginal note:Fees

• 27. (1) The Governor in Council may, by order, authorize the Minister of Justice to prescribe a fee to be paid by any person to whom a service is provided under this Act or the regulations.

• Marginal note:Agreements

  (2) The Minister of Justice may, with the approval of the Governor in Council, enter into an agreement with the government of any province respecting the collection and remittance of any fees prescribed pursuant to subsection (1).

Marginal note:Review and report

28. The Minister of Justice shall undertake a comprehensive review of the provisions and operation of the Federal Child Support Guidelines and the determination of child support under this Act and shall cause a report on the review to be laid before each House of Parliament within five years after the coming into force of this section.