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O. Reg. 454/07: RECOMMENDED STANDARD TERMS FOR SUPPORT ORDERS

filed August 14, 2007 under Family Responsibility and Support Arrears Enforcement Act, 1996, S.O. 1996, c. 31

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ONTARIO REGULATION 454/07

made under the

FAMILY RESPONSIBILITY AND SUPPORT ARREARS ENFORCEMENT ACT, 1996

Made: July 25, 2007
Filed: August 14, 2007
Published on e-Laws: August 15, 2007
Printed in The Ontario Gazette: September 1, 2007

RECOMMENDED STANDARD TERMS FOR SUPPORT ORDERS

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.

(2) The standard terms set out in this Regulation are recommended to be used only if it is appropriate in the circumstances.

Child support

2. (1) This section applies in respect of an order for child support.

(2) In this section,

“table amount” means the amount of child support determined by reference solely to the applicable table set out in Schedule I to Ontario Regulation 391/97 (Child Support Guidelines) made under the Family Law Act, 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.

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

The [specify respondent or applicant], [insert name], shall pay child support to the [specify applicant or respondent], [insert name], 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], in accordance with the Tables under the Child Support Guidelines, based on the [specify respondent’s or applicant’s] annual income of $[insert amount].

(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, and does not include an additional amount for special or extraordinary expenses:

The [specify respondent or applicant], [insert name], shall pay child support to the [specify applicant or respondent], [insert name], 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].

When [insert number] of the children cease(s) to be eligible for support, the [specify respondent or applicant], [insert name], shall pay child support to the [specify applicant or respondent], [insert name], for the remaining [insert number] [specify child or children] in the amount of $[insert amount] per month.

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

(5) The following standard term is recommended to be added after the standard term set out in subsection (3) or (4) where the amount of child support includes, under section 7 of Ontario Regulation 391/97 (Child Support Guidelines) made under the Family Law Act, an additional amount for special or extraordinary expenses,

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

The [specify respondent or applicant], [insert name], shall pay special or extraordinary expenses under section 7 of the Child Support Guidelines to the [specify applicant or respondent], [insert name], 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] until [insert date].

[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 [specify respondent’s or applicant’s] annual income is $[insert amount]. The [specify applicant’s or respondent’s] annual income is $[insert amount]. The [specify respondent or applicant] shall pay [insert percentage] per cent of the special or extraordinary expenses, as reported by the [specify applicant or respondent] to the Family Responsibility Office, for the [specify child or children], [insert child or children’s name(s)], born on [insert child or children’s date(s) of birth], for the following items: [insert list of items for which expenses are irregular or change over time].

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

Paragraph [insert paragraph number] of the order of the Honourable [insert name of Justice] 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 Name of Justice] dated [insert date] remain in full force and effect.

Spousal support

3. (1) This section applies in respect of an order for spousal support.

(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:

The [specify respondent or applicant], [insert name], shall pay spousal support to the [specify applicant or respondent], [insert name], in the amount of $[insert amount] per month commencing [insert date], until [insert date].

(b) indefinitely in periodic payments:

The [specify respondent or applicant], [insert name], shall pay spousal support to the [specify applicant or respondent], [insert name], in the amount of $[insert amount] per month commencing [insert date]. The spousal support shall continue to be payable until a court orders otherwise.

(c) in a single payment:

The [specify respondent or applicant], [insert name], shall pay lump sum spousal support to the [specify applicant or respondent], [insert name], in the amount of $[insert amount] on or before [insert date].

(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 date, time period or interval for review].

(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.

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

Paragraph [insert paragraph number] of the order of the Honourable [insert name of Justice] 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 Name of Justice] dated [insert date] remain in full force and effect.

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.

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.

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.

Termination of support obligation

7. The following standard term is recommended to be used in a support order where the obligation under Part III of the Family Law Act 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 name of Justice] dated [insert date] is terminated, effective [insert date].

Commencement

8. This Regulation comes into force on December 1, 2007.

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