ELEMENTS OF A CHILD SUPPORT ORDER
Marginal note:Form of payments
11. The court may require in a child support order that the amount payable under the order be paid in periodic payments, in a lump sum or in a lump sum and periodic payments.
12. The court may require in the child support order that the amount payable under the order be paid or secured, or paid and secured, in the manner specified in the order.
Marginal note:Information to be specified in order
13. A child support order must include the following information:
(a) the name and birth date of each child to whom the order relates;
(b) the income of any spouse whose income is used to determine the amount of the child support order;
(c) the amount determined under paragraph 3(1)(a) for the number of children to whom the order relates;
(d) the amount determined under paragraph 3(2)(b) for a child the age of majority or over;
(e) the particulars of any expense described in subsection 7(1), the child to whom the expense relates, and the amount of the expense or, where that amount cannot be determined, the proportion to be paid in relation to the expense; and
(f) the date on which the lump sum or first payment is payable and the day of the month or other time period on which all subsequent payments are to be made.
VARIATION OF CHILD SUPPORT ORDERS
Marginal note:Circumstances for variation
14. For the purposes of subsection 17(4) of the Act, any one of the following constitutes a change of circumstances that gives rise to the making of a variation order in respect of a child support order:
(a) in the case where the amount of child support includes a determination made in accordance with the applicable table, any change in circumstances that would result in a different child support order or any provision thereof;
(b) in the case where the amount of child support does not include a determination made in accordance with a table, any change in the condition, means, needs or other circumstances of either spouse or of any child who is entitled to support; and
(c) in the case of an order made before May 1, 1997, the coming into force of section 15.1 of the Act, enacted by section 2 of chapter 1 of the Statutes of Canada, (1997).
- SOR/97-563, s. 2;
- SOR/2000-337, s. 2.
Marginal note:Determination of annual income
15. (1) Subject to subsection (2), a spouse’s annual income is determined by the court in accordance with sections 16 to 20.
(2) Where both spouses agree in writing on the annual income of a spouse, the court may consider that amount to be the spouse’s income for the purposes of these Guidelines if the court thinks that the amount is reasonable having regard to the income information provided under section 21.
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