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O. Reg. 25/10: CHILD SUPPORT GUIDELINES

filed February 19, 2010 under Family Law Act, R.S.O. 1990, c. F.3

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ontario regulation 25/10

made under the

Family Law Act

Made: February 17, 2010
Filed: February 19, 2010
Published on e-Laws: February 22, 2010
Printed in The Ontario Gazette: March 6, 2010

Amending O. Reg. 391/97

(Child Support Guidelines)

1. Section 1 of Ontario Regulation 391/97 is amended by striking out “these guidelines” in the portion before clause (a) and substituting “this Regulation”.

2. (1) Subsection 2 (1) of the Regulation is amended by striking out the portion before the definition of “child” and substituting the following:

Definitions

(1) In this Regulation,

. . . . .

(2) The definition of “child” in subsection 2 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

“child” means, other than in Schedule II to this Regulation,

. . . . .

(3) Subsection 2 (3) of the Regulation is amended by striking out “these guidelines” and substituting “the child support guidelines”.

(4) Subsection 2 (4) of the Regulation is amended by striking out “these guidelines” in the portion before clause (a) and substituting “the child support guidelines”.

3. Section 11 of the Regulation is amended by striking out “these guidelines” and substituting “the child support guidelines”.

4. Section 13 of the Regulation is amended by striking out “and” at the end of clause (e), by adding “and” at the end of clause (f) and by adding the following clause:

(g) reference to the obligation under subsection 24.1 (1) to provide updated income information no later than 30 days after the anniversary of the date on which the order is made in every year in which the child is a child within the meaning of this Regulation, unless the parties agree that the obligation shall not apply, as provided for in that subsection.

5. Clause 21 (1) (a) of the Regulation is amended by adding “including any materials that were filed with the return” after “the parent or spouse”.

6. The Regulation is amended by adding the following section:

Annual obligation to provide income information

24.1 (1) Every person whose income or other financial information is used to determine the amount of an order for the support of a child shall, no later than 30 days after the anniversary of the date on which the order was made in every year in which the child is a child within the meaning of this Regulation, provide every party to the order with the following, unless the parties have agreed otherwise:

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

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

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

2. As applicable, any current information in writing about,

i. the status and amount of any expenses included in the order pursuant to subsection 7 (1), and

ii. any loan, scholarship or bursaries the child has received or will receive in the coming year that affect or will affect the expenses referred to in subparagraph i.

Notices of assessment

(2) If the person 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), the person shall provide every party to the order with a copy of the notice as soon as possible after the person receives the notice.

Change in address

(3) If the address at which a party receives documents changes, the party shall, at least 30 days before the next anniversary of the date on which the order was made, give written notice of his or her updated address information to every person required to provide documents and information under subsection (1).

Failure to comply

(4) If a person required to provide a document or information under this section fails to do so, a court may, on application by the party who did not receive the document or information, make one or more of the following orders:

1. An order finding the person to be in contempt of court.

2. An order awarding costs in favour of the applicant up to an amount that fully compensates the applicant for all costs incurred in the proceedings.

3. An order requiring the person to provide the document or information to,

i. the court,

ii. the applicant, and

iii. any other party to whom the person did not provide the document or information when required to do so.

Exception

(5) Subsection (4) does not apply if the person who fails to provide the document or information is a child who is not a party to the order for support.

Transition

(6) In the case of an order to which subsection (1) applies that is in existence on the day section 5 of Ontario Regulation 25/10 comes into force, if the first date by which a person must provide documents and information under that subsection occurs less than six months after the day on which the person provided documents and information under section 25, the person is not required to provide documents and information under subsection (1) in the first year in which he or she would otherwise have been required to provide them.

7. (1) Subsection 25 (1) of the Regulation is amended by striking out “these guidelines” in the portion before clause (a) and substituting “this Regulation”.

(2) Clause 25 (1) (b) of the Regulation is revoked and the following substituted:

(b) as applicable, any current information in writing about,

(i) the status and amount of any expenses included in the order pursuant to subsection 7 (1), and

(ii) any loan, scholarship or bursaries the child has received that affect the expenses referred to in subclause (i); and

(3) Subsection 25 (2) of the Regulation is amended by striking out “these guidelines” and substituting “this Regulation”.

(4) Subsection 25 (3) of the Regulation is amended by striking out “these guidelines” and substituting “this Regulation”.

8. The Regulation is amended by adding the following section:

Providing Income Information for Domestic Contracts and Other Agreements

Annual obligation to provide income information

25.1 (1) Every person whose income or other financial information is used to determine the amount of a child support obligation under a domestic contract or other written agreement shall, no later than 30 days after the anniversary of the date on which the contract or agreement was entered into in every year in which the child is a child within the meaning of this Regulation, provide every party to the contract or agreement with the following, unless the parties have agreed otherwise in a domestic contract or other agreement:

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

i. personal 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 contract or agreement provides for the payment of any of the expenses referred to in clauses 7 (1) (a) to (f), any current information in writing about,

i. the status and amount of the expenses, and

ii. any loan, scholarship or bursaries the child has received or will receive in the coming year that affect or will affect the expenses referred to in subparagraph i.

Notices of assessment

(2) If the person 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), the person shall provide every party to the contract or agreement with a copy of the notice as soon as possible after the person receives the notice.

Change in address

(3) If the address at which a party to the domestic contract or agreement receives documents changes, the party shall, at least 30 days before the next anniversary of the date on which the contract or agreement was entered into, give written notice of his or her updated address information to every person required to provide documents and information under subsection (1).

Failure to comply

(4) If a person required to provide a document or information under this section fails to do so, a court may, on application by the person who did not receive the document or information, make one or more of the following orders:

1. An order awarding costs in favour of the applicant up to an amount that fully compensates the applicant for all costs incurred in the proceedings.

2. An order requiring the person to provide the document or information to,

i. the court,

ii. the applicant, and

iii. any other party to the domestic contract or other written agreement to whom the person did not provide the document or information when required to do so.

Exception

(5) Subsection (4) does not apply if the person who fails to provide the document or information is a child who is not a party to the domestic contract or other written agreement.

Transition

(6) This section applies in respect of a domestic contract or other written agreement only if the contract or agreement was entered into on or after the day section 7 of Ontario Regulation 25/10 comes into force.

9. Note 2 of Schedule I to the Regulation is amended by striking out “these guidelines” and substituting “this Regulation”.

10. Section 2 of Schedule II to the Regulation is amended by striking out “these guidelines” in the definition of “A” under Step 1 and substituting “this Regulation”.

11. Section 3.1 of Schedule III to the Regulation is amended by striking out “these guidelines” in the portion before clause (a) and substituting “this Regulation”.

12. This Regulation comes into force on the later of the day subsection 40 (1) of the Family Statute Law Amendment Act, 2009 comes into force and the day this Regulation is filed.

 

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