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O. Reg. 32/21: CHILD SUPPORT GUIDELINES

filed January 29, 2021 under Family Law Act, R.S.O. 1990, c. F.3

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ontario regulation 32/21

made under the

Family Law Act

Made: January 28, 2021
Filed: January 29, 2021
Published on e-Laws: January 29, 2021
Printed in The Ontario Gazette: February 13, 2021

Amending O. Reg. 391/97

(CHILD SUPPORT GUIDELINES)

1. (1) Subsection 2 (1) of Ontario Regulation 391/97 is amended by adding the following definition:

“majority of parenting time” means a period of time that is more than 60 per cent of parenting time over the course of a year; (“majorité du temps parental”)

(2) The French version of clause (b) of the definition of “order assignee” in subsection 2 (1) of the Regulation is amended by striking out “le ministre, le membre” at the beginning and substituting “le ministre, le député, le membre”.

(3) The definition of “spouse” in subsection 2 (1) of the Regulation is revoked and the following substituted:

“spouse”, in a case to which the Divorce Act (Canada) applies, means either of two persons who are married to each other and includes a former spouse; (“époux”)

(4) Clause 2 (4) (a) of the Regulation is amended by striking out “subsections 15.1 (2) and 19 (9)” and substituting “subsections 15.1 (2), 18.1 (12) and 19 (10)”.

(5) Clause 2 (4) (c) of the Regulation is amended by striking out “subsection 19 (7)” and substituting “subsection 18.1 (15) or 19 (13)”.

2. Clause 7 (1) (a) of the Regulation is revoked and the following substituted:

(a)  child care expenses incurred as a result of the employment, illness, disability or education or training for employment of the parent or spouse who has the majority of parenting time;

3. Sections 8 and 9 of the Regulation are revoked and the following substituted:

Split parenting time

8. If there are two or more children, and each parent or spouse has the majority of parenting time with respect to one or more of those children, the amount of an order for the support of a child is the difference between the amount that each parent or spouse would otherwise pay if such an order were sought against each of the parents or spouses.

Shared parenting time

9. Where each parent or spouse exercises parenting time with respect to a child for not less than 40 per cent of the time over the course of a year, the amount of the order for the support of a child must be determined by taking into account,

(a)  the amounts set out in the applicable tables for each of the parents or spouses;

(b)  the increased costs of shared parenting time arrangements; and

(c)  the condition, means, needs and other circumstances of each parent or spouse and of any child for whom support is sought.

4. Clause 10 (2) (b) of the Regulation is amended by striking out “access to a child” at the end and substituting “parenting time with respect to a child”.

5. The English version of subsection 20 (2) of the Regulation is amended by striking out “ordinarily” and substituting “habitually”.

Commencement

6. This Regulation comes into force on the later of the day section 2 of Schedule 1 to the Moving Ontario Family Law Forward Act, 2020 comes into force and the day this Regulation is filed.

 

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