O. Reg. 68/16: ADMINISTRATIVE CALCULATION AND RECALCULATION OF CHILD SUPPORT

Français

ontario regulation 68/16

made under the

Family Law Act

Made: March 23, 2016
Filed: March 29, 2016
Published on e-Laws: March 30, 2016
Printed in The Ontario Gazette: April 16, 2016

Amending O. Reg. 190/15

(ADMINISTRATIVE CALCULATION AND RECALCULATION OF CHILD SUPPORT)

1. (1) Subsection 9 (3) of Ontario Regulation 190/15 is amended by striking out “less the deductions referred to in section 3 of Schedule III to the child support guidelines” at the end.

(2) Subsection 9 (4) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(4) A parent’s annual income for the purposes of calculating an amount for eligible special expenses is the income amount determined in accordance with subsection (5), adjusted in accordance with the following:

. . . . .

(3) Paragraph 1 of subsection 9 (5) of the Regulation is amended by adding “less the deductions referred to in section 3 of Schedule III to the child support guidelines” at the end.

2. The Regulation is amended by adding the following section before the heading “Recalculation”:

Obligation to provide information

10.1 (1) Every parent whose income information is used to determine the amount of support payable in respect of a child under a notice of calculation shall, no later than 30 days after the anniversary of the date on which the notice was given in every year in which the notice of calculation is in effect, provide to the other parent the following information, unless the parents have agreed otherwise:

1. For the most recent taxation year, a copy of the parent’s,

i. income tax return, including any materials that were filed with the return, and

ii. notice of assessment and, if any, notice of reassessment.

2. If the notice of calculation provides for the payment of any eligible special expenses, any current written information about the status and amount of the expenses. 

(2) If the parent has not received his or her notice of assessment or notice of reassessment for the most recent taxation year by the date referred to in subsection (1), he or she shall, as soon as possible after receiving it, provide a copy of the notice to the other parent.

(3) If the address at which a parent receives documents changes, the parent shall, at least 30 days before the next anniversary of the date on which the notice of calculation was given, give written notice of his or her updated address information to the other parent. 

(4) If a parent who is required to provide a document or information under this section fails to do so, a court may, on application by the other parent, require the parent to provide the document or information to the court and to the applicant and, in doing so, may award costs in favour of the applicant up to an amount that fully compensates the applicant for all costs incurred in the application.

3. (1) Subsection 21 (3) of the Regulation is amended by striking out “less the deductions referred to in section 3 of Schedule III to the child support guidelines” at the end.

(2) Subsection 21 (4) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(4) A party’s annual income for the purposes of recalculating an amount for special or extraordinary expenses, including calculating a new amount for eligible special expenses, is the income amount determined in accordance with subsection (5) or (6), adjusted in accordance with the following:

. . . . .

(3) Paragraph 1 of subsection 21 (5) of the Regulation is amended by adding “less the deductions referred to in section 3 of Schedule III to the child support guidelines” at the end.

Commencement

4. This Regulation comes into force on the later of the day subsection 2 (2) of Schedule 1 to the Strengthening and Improving Government Act, 2015 comes into force and the day this Regulation is filed.

 

Français