Federal Child Support Guidelines (SOR/97-175)

Regulations are current to 2014-08-05 and last amended on 2011-12-31. Previous Versions

Federal Child Support Guidelines

SOR/97-175

DIVORCE ACT

Registration 1997-04-08

Federal Child Support Guidelines

P.C. 1997-469 1997-04-08

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 26.1Footnote a of the Divorce ActFootnote b, hereby establishes the annexed Federal Child Support Guidelines.

OBJECTIVES

Marginal note:Objectives

 The objectives of these Guidelines are

  • (a) to establish a fair standard of support 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.

INTERPRETATION

Marginal note:Definitions
  •  (1) The definitions in this subsection apply in these Guidelines.

    “Act”

    « Loi »

    “Act” means the Divorce Act.

    “child”

    « enfant »

    “child” means a child of the marriage.

    “income”

    « revenu »

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

    “order assignee”

    « cessionnaire de la créance alimentaire »

    “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”

    « époux »

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

    “table”

    « table »

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

    “universal child care benefit”

    « prestation universelle pour la garde d’enfants »

    “universal child care benefit” means a benefit provided under section 4 of the Universal Child Care Benefit Act.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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 varying 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.

  • Marginal note: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.