Advanced Search

Search Form
Keyword(s):
Filter(s):
Point-in-time help
 
Display / Hide Categories
Results 1-5 of 22
Didn't find what you're looking for?
Search all Government of Canada websites
  1. Federal Child Support Guidelines - SOR/97-175 (Section 25)
    Federal Child Support Guidelines
    Marginal note:Continuing obligation to provide income information

    • 25 (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

      • [...]

      • (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.

    • Marginal note: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 request of the other spouse, not more than once a year after the determination and as long as the child is a child within the meaning of these Guidelines, provide the other spouse with 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.

    • Marginal note:Obligation of receiving spouse

      (3) Where the income information of the spouse in favour of whom a child support order is made is used to determine the amount of the order, the spouse must, 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, on the written request of the other spouse, provide the other spouse with the documents and information referred to in subsection (1).

    • [...]

    • (7) A court may, on application by either spouse or an order assignee, where the other spouse has failed to comply with any of subsections (1) to (3)

      • [...]

      • (b) make an order requiring the other spouse to provide the required documents to the court, as well as to the spouse or order assignee, as the case may be.

    [...]


  2. Federal Child Support Guidelines - SOR/97-175 (Section 21)
    Federal Child Support Guidelines
    Marginal note:Obligation of applicant

    • [...]

    • Marginal note:Obligation of respondent

      (2) A spouse who is served with an application for a child support order and whose income information is necessary to determine the amount of the order, must, within 30 days after the application is served if the spouse resides in Canada or the United States or within 60 days if the spouse resides elsewhere, or such other time limit as the court specifies, provide the court, as well as the other spouse or the order assignee, as the case may be, with the documents referred to in subsection (1).

    • Marginal note:Special expenses or undue hardship

      (3) Where, in the course of proceedings in respect of an application for a child support order, a spouse requests an amount to cover expenses referred to in subsection 7(1) or pleads undue hardship, the spouse who would be receiving the amount of child support must, within 30 days after the amount is sought or undue hardship is pleaded if the spouse resides in Canada or the United States or within 60 days if the spouse resides elsewhere, or such other time limit as the court specifies, provide the court and the other spouse with the documents referred to in subsection (1).

    • Marginal note:Income over $150,000

      (4) Where, in the course of proceedings in respect of an application for a child support order, it is established that the income of the spouse who would be paying the amount of child support is greater than $150,000, the other spouse must, within 30 days after the income is established to be greater than $150,000 if the other spouse resides in Canada or the United States or within 60 days if the other spouse resides elsewhere, or such other time limit as the court specifies, provide the court and the spouse with the documents referred to in subsection (1).

    [...]


  3. Federal Child Support Guidelines - SOR/97-175 (SCHEDULE II : Comparison of Household Standards of Living Test)
    Federal Child Support Guidelines

    [...]

    1 The definitions in this section apply in this Schedule.

    household

    household  means a spouse and any of the following persons residing with the spouse

    • [...]

    • (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

    Marginal note:Test

    2 The comparison of household standards of living test is as follows:

    [...]

    • (a) deducting the following amounts, calculated on an annual basis:

      • (i) any amount relied on by the court as a factor that resulted in a determination of undue hardship, except any amount attributable to the support of a member of the household that is not incurred due to a disability or serious illness of that member,

      • (ii) the amount that would otherwise be payable by the person in respect of a child to whom the order relates, if the pleading of undue hardship was not made,

        • [...]

        • (B) as is considered by the court to be appropriate, where the court considers the table amount to be inappropriate,

    • (b) adding the following amounts, calculated on an annual basis:

      • (i) any amount that would otherwise be receivable by the person in respect of a child to whom the order relates, if the pleading of undue hardship was not made,

        • [...]

        • (B) as is considered by the court to be appropriate, where the court considers the table amount to be inappropriate,

    [...]


  4. Federal Child Support Guidelines - SOR/97-175 (SCHEDULE III : Adjustments to Income)
    Federal Child Support Guidelines

    [...]

    1 Where the spouse is an employee, the spouse’s applicable employment expenses described in the following provisions of the Income Tax Act are deducted:

    [...]

    Marginal note:Special or extraordinary expenses

    3.1 To calculate income for the purpose of determining an amount under section 7 of these Guidelines, deduct the spousal support paid to the other spouse and, as applicable, make the following adjustment in respect of universal child care benefits:

    [...]

    Marginal note:Employee stock options with a Canadian-controlled private corporation

    • 13 (1) Where the spouse has received, as an employee benefit, options to purchase shares of a Canadian-controlled private corporation, or a publicly traded corporation that is subject to the same tax treatment with reference to stock options as a Canadian-controlled private corporation, and has exercised those options during the year, add the difference between the value of the shares at the time the options are exercised and the amount paid by the spouse for the shares, and any amount paid by the   spouse to acquire the options to purchase the shares, to the income for the year in which the options are exercised.

    [...]


  5. Federal Child Support Guidelines - SOR/97-175 (Section 22)
    Federal Child Support Guidelines
    Marginal note:Failure to comply

    • 22 (1) Where a spouse fails to comply with section 21, the other spouse may apply

      • [...]

      • (b) for an order requiring the spouse who failed to comply to provide the court, as well as the other spouse or order assignee, as the case may be, with the required documents.


Date modified: