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Family Responsibility and Support Arrears Enforcement Act, 1996

ONTARIO REGULATION 454/07

Recommended Standard Terms for Support Orders

Consolidation Period:  From June 6, 2008 to the e-Laws currency date.

Last amendment:  182/08.

Legislative History: 182/08.

This is the English version of a bilingual regulation.

Recommended standard terms

1. (1) This Regulation sets out, for the purposes of clause 63 (1) (p.2) of the Act, the standard terms that are recommended for support orders.  O. Reg. 454/07, s. 1 (1).

(2) The standard terms set out in this Regulation are recommended to be used only if it is appropriate in the circumstances.  O. Reg. 454/07, s. 1 (2).

(3) The standard terms set out in this Regulation may be used in English or in French.  O. Reg. 182/08, s. 1.

Definitions

1.1 In this Regulation,

“payor” means a person who is required to pay support under a support order; (“payeur”)

“recipient” means a person entitled to support under a support order or the parent, other than the payor, of a child entitled to support under a support order. (“bénéficiaire”)  O. Reg. 182/08, s. 2.

Child support

2. (1) This section applies in respect of an order for child support.  O. Reg. 454/07, s. 2 (1).

(2) In this section,

“special or extraordinary expenses” means expenses ordered under section 7 of the applicable child support guidelines; (“dépenses spéciales ou extraordinaires”)

“table amount” means the amount of child support determined by reference to the applicable table set out in Schedule I of the applicable child support guidelines according to the number of children to whom an order for child support relates and the income of the parent or spouse against whom the order is sought. (“montant prévu dans la table”)  O. Reg. 454/07, s. 2 (2); O. Reg. 182/08, s. 3 (1, 2).

(3) The following standard term is recommended to be used where child support for a child or children is the table amount:

[Insert name of payor] shall pay child support to [insert name of recipient] for the [specify child or children], [insert child or children’s name(s)], born on [insert child or children’s date(s) of birth] in the amount of $[insert amount] per month, in accordance with the Tables under the child support guidelines based on [insert name of payor]’s annual income of $[insert amount], commencing [insert date] and continuing on the [insert number] day of each month that follows.

O. Reg. 182/08, s. 3 (3).

(4) The following standard term is recommended to be used where child support for a child or children is an amount other than the table amount:

[Insert name of payor] shall pay child support to [insert name of recipient] for the [specify child or children], [insert child or children’s name(s)], born on [insert child or children’s date(s) of birth] in the amount of $[insert amount] per month, commencing [insert date] and continuing on the [insert number] day of each month that follows.

When support for [insert number] of the children ends, [insert name of payor] shall pay child support to [insert name of recipient] for the remaining [insert number] [specify child or children] in the amount of $[insert amount] per month, commencing [insert date] and continuing on the [insert number] day of each month that follows.

[Repeat and complete the second paragraph as needed until there remains only one child for whom child support is payable.]

O. Reg. 182/08, s. 3 (3).

(5) The following standard term is recommended to be added after the standard term set out in subsection (3) or (4), as the case may be, where the amount of child support includes an additional amount for special or extraordinary expenses,

(a) in the case of expenses that are known and fixed, for each child:

The annual income of [insert name of payor] is $[insert amount]. The annual income of [insert name of recipient] is $[insert amount]. [Insert name of payor] shall pay [insert percentage] per cent of the special or extraordinary expenses under section 7 of the child support guidelines to [insert name of recipient] for [insert item for which expenses are known and fixed] for [insert child’s name], born on [insert child’s date of birth], in the amount of $[insert amount] per month, commencing [insert date] and continuing on the [insert number] day of each month that follows until [insert date or event].

[Repeat and complete this paragraph as needed for each item for which known and fixed expenses are to be paid.]

(b) in the case of expenses that are irregular or change over time:

The annual income of [insert name of payor] is $[insert amount]. The annual income of [insert name of recipient] is $[insert amount]. [Insert name of payor] shall pay [insert percentage] per cent of the following special or extraordinary expenses under section 7 of the child support guidelines per month to [insert name of recipient] for the [specify child or children], [insert child or children’s name(s)], born on [insert child or children’s date(s) of birth], commencing [insert date] and continuing on the [insert number] day of each month that follows until [insert date or event]: [insert list of items for which expenses are irregular or change over time].

O. Reg. 182/08, s. 3 (3).

(6) The following standard term is recommended to be used in respect of a variation, under section 37 of the Family Law Act or section 17 of the Divorce Act (Canada), of an order for child support:

Paragraph [insert paragraph number] of the order of the Honourable [insert Mr. Justice or Madam Justice and name of judge] dated [insert date] is changed as follows:

[Insert and complete applicable recommended standard term or terms set out in subsections (3), (4) and (5).]

All other terms of the order of the Honourable [insert Mr. Justice or Madam Justice and name of judge] dated [insert date] remain in full force and effect.

O. Reg. 182/08, s. 3 (3).

(7) The following standard term is recommended to be used to require annual disclosure of income tax documents and, where applicable, proof of special or extraordinary expenses:

(a) in the case of an order for child support that does not include an additional amount for special or extraordinary expenses:

[Insert name of payor] shall, by [insert month and day] of each year in which child support is payable, deliver to [insert name of recipient] a copy of his or her notice of assessment, notice of reassessment (if any) and income tax return for the previous year.

(b) in the case of an order for child support that includes an additional amount for special or extraordinary expenses:

[Insert name of payor] shall, by [insert month and day] of each year in which child support is payable, deliver to [insert name of recipient] a copy of his or her notice of assessment, notice of reassessment (if any) and income tax return for the previous year.

[Insert name of recipient] shall, by [insert month and day] of each year in which an amount for special or extraordinary expenses is payable, deliver to [insert name of payor],

(a)   a copy of his or her notice of assessment, notice of reassessment (if any) and income tax return for the previous year; and

(b) a receipt or other proof of payment for each special or extraordinary expense to which this order applies that was claimed by [insert name of recipient] in the 12 months preceding the date specified in this paragraph.

O. Reg. 182/08, s. 3 (3).

Spousal support

3. (1) This section applies in respect of an order for spousal support.  O. Reg. 454/07, s. 3 (1).

(2) The following standard term is recommended to be used where spousal support is to be paid,

(a) in periodic payments for a fixed duration:

[Insert name of payor] shall pay spousal support to [insert name of recipient] in the amount of $[insert amount] per month commencing [insert date] and continuing on the [insert number] day of each month that follows until [insert date].

(b) indefinitely in periodic payments:

[Insert name of payor] shall pay spousal support to [insert name of recipient] in the amount of $[insert amount] per month commencing [insert date] and continuing on the [insert number] day of each month that follows until a court orders otherwise.

(c) in a single payment:

[Insert name of payor] shall pay lump sum spousal support to [insert name of recipient] in the amount of $[insert amount] on or before [insert date].

O. Reg. 182/08, s. 4 (1).

(3) The following standard term is recommended to be added after the standard term set out in clause (2) (b) where spousal support that is to be paid indefinitely in periodic payments is subject to future review:

The amount of the spousal support ordered shall be reviewed [insert information regarding date, time period or interval for review].

O. Reg. 454/07, s. 3 (3); O. Reg. 182/08, s. 4 (2).

(4) The following standard term is recommended to be used where the amount for spousal support is to be indexed,

(a) in accordance with subsections 34 (5) and (6) of the Family Law Act:

The spousal support shall be indexed and shall increase annually in accordance with the indexing calculation set out in subsections 34 (5) and (6) of the Family Law Act, effective [insert date] and on each anniversary of that date.

(b) by applying cost of living adjustment factors derived from any part of the Consumer Price Index:

The spousal support shall be indexed and shall increase annually in accordance with the Consumer Price Index for [specify one of Canada, Toronto, Ottawa or Thunder Bay] for the month of [insert month] of the [specify current or previous] year, effective [insert date] and on each anniversary of that date.

(c) by applying a fixed rate of increase or decrease:

The spousal support shall be indexed and shall [specify increase or decrease] annually by a factor of [insert percentage] per cent, effective [insert date] and on each anniversary of that date.

(d) by applying the indexing factor applied by an income source to the payor’s wages, salary, pension or other income:

The spousal support shall be indexed and shall increase annually in accordance with the indexing factor(s) applied by [insert name(s) of income source(s)], the [specify income source or income sources] of the [specify respondent or applicant], effective [insert date] and on each anniversary of that date.

O. Reg. 454/07, s. 3 (4).

(5) The following standard term is recommended to be used in respect of a variation, under section 37 of the Family Law Act or section 17 of the Divorce Act (Canada), of an order for spousal support:

Paragraph [insert paragraph number] of the order of the Honourable [insert Mr. Justice or Madam Justice and name of judge] dated [insert date] is changed as follows:

[Insert and complete applicable recommended standard term or terms set out in subsections (2), (3) and (4).]

All other terms of the order of the Honourable [insert Mr. Justice or Madam Justice and name of judge] dated [insert date] remain in full force and effect.

O. Reg. 182/0, s. 4 (3).

Support Arrears

3.1 (1) In this section,

“assignee” means a person or agency to which an order for support is assigned under subsection 34 (3) of the Family Law Act or subsection 20.1 (1) of the Divorce Act (Canada).  O. Reg. 182/08, s. 5.

(2) The following standard term is recommended to be used where support arrears are owed by the payor only to the recipient:

As of [insert date], the support arrears owed to [insert name of recipient] by [insert name of payor] are fixed in the amount of $[insert amount].

 [Insert name of payor] shall pay $[insert amount] per month to [insert name of recipient] on account of the support arrears commencing [insert date] and continuing on the [insert number] day of each month that follows until the arrears are paid in full.

O. Reg. 182/08, s. 5.

(3) The following standard term is recommended to be used where support arrears are owed by the payor only to an assignee:

As of [insert date], the support arrears owed to the [insert name of assignee] by [insert name of payor] are fixed in the amount of $[insert amount].

[Insert name of payor] shall pay $[insert amount] per month to the [insert name of assignee] on account of the support arrears commencing [insert date] and continuing on the [insert number] day of each month that follows until the arrears are paid in full.

O. Reg. 182/08, s. 5.

(4) The following standard terms are recommended to be used where support arrears are owed by the payor to the recipient and to an assignee,

(a) in order to fix the amounts that are owed, and to whom:

As of [insert date], the support arrears owed by [insert name of payor] are fixed in the total amount of $[insert amount], with $[insert amount] owing to [insert name of recipient] and $[insert amount] owing to the [insert name of assignee].

(b) in order to set out the terms on which the arrears are to be paid,

(i) where the arrears owed to the recipient are to be paid in full before arrears owing to the assignee may be paid:

[Insert name of payor] shall pay $[insert amount] per month to [insert name of recipient] on account of the support arrears owed to [insert name of recipient] commencing [insert date] and continuing on the [insert number] day of each month that follows until those arrears are paid in full.

Once the support arrears owed to [insert name of recipient] are paid in full, [insert name of payor] shall pay $[insert amount] per month to the [insert name of assignee] on account of the support arrears owed to the [insert name of assignee] until those arrears are paid in full. [Insert name of payor] shall pay the arrears on the [insert number] day of each month, commencing in the first month after the month in which the arrears owed to [insert name of recipient] are paid in full.

(ii) where the arrears owed to the assignee are to be paid in full before arrears owing to the recipient may be paid:

[Insert name of payor] shall pay $[insert amount] per month to the [insert name of assignee] on account of the support arrears owed to the [insert name of assignee] commencing [insert date] and continuing on the [insert number] day of each month that follows until those arrears are paid in full.

Once the support arrears owed to the [insert name of assignee] are paid in full, [insert name of payor] shall pay $[insert amount] per month to the [insert name of recipient] on account of the support arrears owed to the [insert name of recipient] until those arrears are paid in full. [Insert name of payor] shall pay the arrears on the [insert number] day of each month, commencing in the first month after the month in which the arrears owed to the [insert name of assignee] are paid in full.

O. Reg. 182/08, s. 5.

Costs

4. The following standard term is recommended to be used in a support order where costs related to obtaining the support order are awarded:

Costs are fixed in the amount of $[insert amount], of which $[insert amount] is related to support and is enforceable as support by the Director, Family Responsibility Office.

O. Reg. 454/07, s. 4.

Interest

5. The following standard term is recommended to be used in a support order where postjudgment interest is awarded under section 129 of the Courts of Justice Act:

This order bears interest at the postjudgment interest rate of [insert rate] per cent per year effective from the date of this order. A payment in default bears interest only from the date of default.

O. Reg. 454/07, s. 5.

Enforcement

6. The following standard term is recommended to be used in a support order, other than a provisional order, so as to include the wording respecting the order and its enforcement that is required by subsection 9 (1) of the Act:

Unless the order is withdrawn from the office of the Director, Family Responsibility Office, it shall be enforced by the Director, and amounts owing under the order shall be paid to the Director, who shall pay them to the person to whom they are owed.

O. Reg. 454/07, s. 6.

Termination of support obligation

7. The following standard term is recommended to be used in a support order where the obligation to provide support to a dependant is determined to have ended:

The support ordered in paragraph [insert paragraph number] of the order of the Honourable [insert Mr. Justice or Madam Justice and name of judge] dated [insert date] is terminated, effective [insert date].

O. Reg. 182/08, s. 6.

8. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 454/07, s. 8.

 

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