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Child Maintenance Guidelines

made under Section 55 of the

Maintenance and Custody Act

R.S.N.S. 1989, c. 160

O.I.C. 1998-386 (August 5, 1998), N.S. Reg. 53/98

as amended up to O.I.C. 2007-321 (June 7, 2007), N.S. Reg. 294/2007


Citation

These regulations may be cited as the Child Maintenance Guidelines.


Objectives


Objectives

1     The objectives of these Guidelines are

 

                (a)    to establish a fair standard of maintenance for children that ensures that they benefit from the financial means of both parents;

 

                (b)    to reduce conflict and tension between parents by making the calculation of child maintenance orders more objective;

 

                (c)    to improve the efficiency of the legal process by giving courts and parents guidance in setting the levels of child maintenance orders and encouraging settlement; and

 

                (d)    to ensure consistent treatment of parents and children who are in similar circumstances.


Interpretation


Definitions

2     (1)    In these Guidelines

 

                (a)    "Act" means the Maintenance and Custody Act;

 

                (b)    "child" means a dependent child as defined in clause 2(c) of the Act and includes a child of unmarried parents;

 

                (c)    "income" means the annual income determined under Sections 15 to 20;

 

                (d)    "order assignee" means a representative of the Department of Community Services or such other person or agency to whom a child maintenance order is assigned;

 

                (e)    "parent" includes a parent, guardian, possible father and single woman as defined in Section 2 of the Act;

 

                (f)    "table" means a child support table set out in Schedule I of the Federal Child Support Guidelines established under the Divorce Act (Canada), as adopted in Schedule I of these Guidelines;

                (g)    “universal child care benefit” means a benefit provided under section 4 of the Universal Child Care Benefit Act (Canada).

Clause 2(1)(g) added: O.I.C. 2007-321, N.S. Reg. 294/2007.


Income Tax Act (Canada)

       (2)    Words and expressions that are used in Sections 15 to 21 and that are not defined in this Section have the meanings assigned to them under the Income Tax Act (Canada).


Most current information

       (3)    Where, for the purpose of these Guidelines, any amount is determined on the basis of specified information, the most current information must be used.


Application of Guidelines

       (4)    These Guidelines apply, with such modifications as the circumstances require, to

 

                (a)    child maintenance orders, including interim child maintenance orders, under Sections 9, 10 and 11 of the Act;

 

(b)orders varying a child maintenance order under Section 37 of the Act;

 

                (c)    written agreements relating to child maintenance sought to be registered with the court under Section 52 of the Act.


Amount of Child Maintenance


Presumptive rule

3     (1)    Unless otherwise provided under these Guidelines, the amount of a child maintenance order for children under the age of majority is

 

                (a)    the amount set out in the applicable table, according to the number of children under the age of majority to whom the order relates and the income of the parent against whom the order is sought; and

 

                (b)    the amount, if any, determined under Section 7.


Child the age of majority or over

       (2)    Unless otherwise provided under these Guidelines, where a child to whom a child maintenance order relates is the age of majority or over, the amount of the child maintenance order is

 

                (a)    the amount determined by applying these Guidelines as if the child were under the age of majority; or

 

                (b)    if the court considers that approach to be inappropriate, the amount that it considers appropriate, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each parent to contribute to the maintenance of the child.


Applicable table

(3)The applicable table is

 

                (a)    if the parent against whom an order is sought resides in Canada,

 

                         (i)     the table for the province in which that parent ordinarily resides at the time the application for the child maintenance order, or for a variation order in respect of a child maintenance order, is made,

 

                         (ii)    where the court is satisfied that the province in which that parent ordinarily resides has changed since the time described in subclause (i), the table for the province in which the parent ordinarily resides at the time of determining the amount of maintenance, or

 

                         (iii)   where the court is satisfied that, in the near future after determination of the amount of maintenance, that parent will ordinarily reside in a given province other than the province in which the parent ordinarily resides at the time of that determination, the table for the given province; and

 

                (b)    if the parent against whom an order is sought resides outside of Canada, or if the residence of that parent is unknown, the table for the province where the other parent ordinarily resides at the time the application for the child maintenance order or for a variation order in respect of a child maintenance order is made.


Incomes over $150 000

4     Where the income of the parent against whom a child maintenance order is sought is over $150 000, the amount of a child maintenance order is

 

                (a)    the amount determined under Section 3; or

 

                (b)    if the court considers that amount to be inappropriate,

 

                         (i)     in respect of the first $150 000 of the parent's income, the amount set out in the applicable table for the number of children under the age of majority to whom the order relates,

 

                         (ii)    in respect of the balance of the parent's income, the amount that the court considers appropriate, having regard to the condition, means, needs and other circumstances of the children who are entitled to maintenance and the financial ability of each parent to contribute to the maintenance of the children, and

 

                         (iii)   the amount, if any, determined under Section 7.


Person in place of a parent

5     Where a person against whom a child maintenance order is sought stands in the place of a parent for a child, the amount of a child maintenance order is, in respect of that person, such amount as the court considers appropriate, having regard to these Guidelines and any other parent's legal duty to maintain the child.


Medical and dental insurance

6     In making a child maintenance order, where medical or dental insurance coverage for the child is available to a parent through his or her employer or otherwise at a reasonable rate, the court may order that coverage be acquired or continued.


Special or extraordinary expenses

7     (1)    In a child maintenance order the court may, on a parent's request, provide for an amount to cover all or any portion of the following expenses, which expenses may be estimated, taking into account the necessity of the expense in relation to the child's best interests and the reasonableness of the expense in relation to the means of the parents and those of the child and, where the parents cohabited after the birth of the child, to the family's pattern of spending prior to the separation:

 

                (a)    child care expenses incurred as a result of the custodial parent's employment, illness, disability or education or training for employment;

 

                (b)    that portion of the medical and dental insurance premiums attributable to the child;

 

                (c)    health related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counseling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses;

Clause 7(1)(c) replaced: O.I.C. 2000-554, N.S. Reg. 187/2000.

 

                (d)    extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child's particular needs;

Clause 7(1)(d) replaced: O.I.C. 2000-554, N.S. Reg. 187/2000.

 

                (e)    expenses for post-secondary education; and

 

                (f)    extraordinary expenses for extracurricular activities.

Subsection 7(1) amended: O.I.C. 2000-554, N.S. Reg. 187/2000.

 

       (1A) For the purposes of clauses (1)(d) and (f), “extraordinary expenses” means

 

                (a)    expenses that exceed those that the spouse requesting an amount for the extraordinary expenses can reasonably cover, taking into account that spouse’s income and the amount that the spouse would receive under the applicable table or, if the court has determined that the table amount is inappropriate, the amount that the court has otherwise determined is appropriate; or

 

                (b)    if clause (a) is not applicable, expenses that the court considers are extraordinary, taking into account all of the following:

 

                         (i)     the amount of the expense in relation to the income of the spouse requesting the amount, including the amount that the spouse would receive under the applicable table or, if the court has determined that the table amount is inappropriate, the amount that the court has otherwise determined is appropriate,

 

                         (ii)    the nature and number of the educational programs and extracurricular activities,

 

                         (iii)   any special needs and talents of the child or children,

 

                         (iv)   the overall cost of the programs and activities,

 

                         (v)    any other similar factor that the court considers relevant.

Subsection 7(1A) added: O.I.C. 2006-219, N.S. Reg. 67/2006.


Sharing of expense

       (2)    The guiding principle in determining the amount of an expense referred to in subsection (1) is that the expense is shared by the parents in proportion to their respective incomes after deducting from the expense, the contribution, if any, from the child.


Subsidies, tax deductions, etc.

       (3)    Subject to subsection (4), in determining the amount of an expense referred to in subsection (1), the court must take into account any subsidies, benefits or income tax deductions or credits relating to the expense, and any eligibility to claim a subsidy, benefit or income tax deduction or credit relating to the expense.

Subsection 7(3) replaced: O.I.C. 2007-321, N.S. Reg. 294/2007.

 

       (4)    In determining the amount of an expense referred to in subsection (1), the court shall not take into account any universal child care benefit or any eligibility to claim that benefit.

Subsection 7(4) added: O.I.C. 2007-321, N.S. Reg. 294/2007.


Split custody

8     Where each parent has custody of one or more children to whom the order relates, the amount of a child maintenance order is the difference between the amount that each parent would otherwise pay to the other if a child maintenance order were sought against each of the parents.


Shared custody

9     Where a parent exercises a right of access to, or has physical custody of, a child for not less than 40 per cent of the time over the course of a year, the amount of the child maintenance order must be determined by taking into account

 

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

 

                (b)    the increased costs of shared custody arrangements; and

 

                (c)    the conditions, means, needs and other circumstances of each parent and of any child for whom maintenance is sought.


Undue hardship

10   (1)    On the application of a parent, a court may award an amount of child maintenance that is different from the amount determined under any of Sections 3 to 5, 8 or 9 if the court finds that the parent making the request, or a child in respect of whom the request is made, would otherwise suffer undue hardship.


Circumstances that may cause undue hardship

       (2)    Circumstances that may cause a parent or child to suffer undue hardship include the following:

 

                (a)    the parent has responsibility for an unusually high level of debts reasonably incurred to maintain the parents and their children prior to the separation, where the parents cohabited, or to earn a living;

 

                (b)    the parent has unusually high expenses in relation to exercising access to a child;

 

                (c)    the parent has a legal duty under a judgment, order or written separation agreement to maintain any person;

 

                (d)    the parent has a legal duty to maintain a child, other than a child to whom the order relates, who is

 

                         (i)     under the age of majority, or

 

                         (ii)    the age of majority or over but is a dependent child within the meaning of clause 2(c) of the Act; and

 

                (e)    the parent has a legal duty to maintain any person who is unable to obtain the necessaries of life due to an illness or disability, including a dependent parent within the meaning of clause 2(d) of the Act.


Standards of living must be considered

       (3)    Despite a determination of undue hardship under subsection (1), an application under that subsection must be denied by the court if it is of the opinion that the household of the parent who claims undue hardship would, after determining the amount of child maintenance under any of Sections 3 to 5, 8 or 9, have a higher standard of living than the household of the other parent.


Standards of living test

       (4)    In comparing standards of living for the purpose of subsection (3), the court may use the Comparison of Household Standards of Living Test referred to in Schedule II.


Reasonable time

       (5)    Where the court awards a different amount of child maintenance under subsection (1), it may specify, in the child maintenance order, a reasonable time for the satisfaction of any obligation arising from circumstances that cause undue hardship and the amount payable at the end of that time.


Reasons

       (6)    Where the court makes a child maintenance order in a different amount under this Section, it must record its reasons for doing so.


Elements of a Child Maintenance Order


Form of payments

11   The court may require in a child maintenance order that the amount payable under the order or interim order be paid in periodic payments, in a lump sum or in a lump sum and periodic payments, in accordance with Section 33 of the Act.


Security

12   The court may require in a child maintenance order that the amount payable under the order or interim order be paid or secured, or paid and secured, in the manner specified in the order, in accordance with Section 36 of the Act.


Information to be specified in order

13   A child maintenance 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 person whose income is used to determine the amount of the child maintenance order;

 

                (c)    the amount determined under clause 3(1)(a) for the number of children to whom the order relates;

 

                (d)    the amount determined under clause 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 Maintenance Orders


Circumstances for variation

14   For the purposes of Section 37 of the Act, any one of the following constitutes a change in circumstances that gives rise to the making of a variation order in respect of a child maintenance order:

 

                (a)    in the case where the amount of child maintenance includes a determination made in accordance with the applicable table, any change in circumstances that would result in a different child maintenance order or any provision thereof;

 

                (b)    in the case where the amount of child maintenance does not include a determination made in accordance with a table, any change in the condition, means, needs or other circumstances of a parent or of any child who is entitled to maintenance; and

 

                (c)    in the case of an order made before August 31, 1998, the coming into force of Chapter 3 of the Acts of 1997, An Act to Amend Chapter 160 of the Revised Statutes, 1989, the Family Maintenance Act and the coming into force of these Guidelines.

Section 14 amended: O.I.C. 2000-554, N.S. Reg. 187/2000.


Income


Determination of annual income

15   (1)    Subject to subsection (2), a parent's annual income is determined by the court in accordance with Sections 16 to 20.


Agreement

       (2)    Where the parents agree in writing on the annual income of a parent, the court may consider that amount to be the parent'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.


Calculation of annual income

16   Subject to Sections 17 to 20, a parent's annual income is determined using the sources of income set out under the heading "(Total Income)" in the T1 General form issued by the Canada Revenue Agency and is adjusted in accordance with Schedule III.

Section 16 replaced: O.I.C. 2000-554, N.S. Reg. 187/2000; amended: O.I.C. 2007-321, N.S. Reg. 294/2007.


Pattern of income

17   (1)    If the court is of the opinion that the determination of a parent's annual income under Section 16 would not be the fairest determination of that income, the court may have regard to the parent's income over the last 3 years and determine an amount that is fair and reasonable in light of any pattern of income, fluctuation in income or receipt of a non-recurring amount during those years.

Subsection 17(1) replaced: O.I.C. 2000-554, N.S. Reg. 187/2000.


Non-recurring losses

       (2)    Where a parent has incurred a non-recurring capital or business investment loss, the court may, if it is of the opinion that the determination of the parent's annual income under Section 16 would not provide the fairest determination of the annual income, choose not to apply Sections 6 and 7 of Schedule III, Adjustments to Income, as adopted herein, and adjust the amount of the loss, including related expenses and carrying charges and interest expenses, to arrive at such amount as the court considers appropriate.


Shareholder, director or officer

18   (1)    Where a parent is a shareholder, director or officer of a corporation and the court is of the opinion that the amount of the parent's annual income as determined under Section 16 does not fairly reflect all the money available to the parent for the payment of child maintenance, the court may consider the situations described in Section 17 and determine the parent's annual income to include

 

                (a)    all or part of the pre-tax income of the corporation, and of any corporation that is related to that corporation, for the most recent taxation year; or

 

                (b)    an amount commensurate with the services that the parent provides to the corporation, provided that the amount does not exceed the corporation's pre-tax income.


Adjustment to corporation's pre-tax income

       (2)    In determining the pre-tax income of a corporation for the purposes of subsection (1), all amounts paid by the corporation as salaries, wages or management fees, or other payments or benefits, to or on behalf of persons with whom the corporation does not deal at arm's length must be added to the pre-tax income, unless the parent establishes that the payments were reasonable in the circumstances.


Imputing income

19   (1)    The court may impute such amount of income to a parent as it considers appropriate in the circumstances, which circumstances include the following:

 

                (a)    the parent is intentionally under-employed or unemployed, other than where the under-employment or unemployment is required by the needs of a child to whom the order relates or any child under the age of majority or by the reasonable educational or health needs of the parent;

 

                (b)    the parent is exempt from paying federal or provincial income tax;

 

                (c)    the parent lives in a country that has effective rates of income tax that are significantly lower than those in Canada;

 

                (d)    it appears that income has been diverted which would affect the level of child maintenance to be determined under these Guidelines;

 

                (e)    the parent's property is not reasonably utilized to generate income;

 

                (f)    the parent has failed to provide income information when under a legal obligation to do so;

 

                (g)    the parent unreasonably deducts expenses from income;

 

                (h)    the parent derives a significant portion of income from dividends, capital gains or other sources that are taxed at a lower rate than employment or business income or that are exempt from tax; and

Clause 19(1)(h) replaced: O.I.C. 2000-554, N.S. Reg. 187/2000.

 

                (i)     the parent is a beneficiary under a trust and is or will be in receipt of income or other benefits from the trust.


Reasonableness of expenses

       (2)    For the purpose of clause (1)(g), the reasonableness of an expense deduction is not solely governed by whether the deduction is permitted under the Income Tax Act (Canada).


Non-resident

20   (1)    Except as provided in subsection (2), if a spouse is a non-resident of Canada, the spouse’s annual income is determined as though the spouse were a resident of Canada.

 

       (2)    If a spouse is a non-resident of Canada and resides in a country that has effective rates of income tax that are significantly higher than those applicable in the province in which the other spouse ordinarily resides, the spouse’s annual income is the amount that the court determines to be appropriate taking those rates into consideration.

Section 20 replaced: O.I.C. 2006-219, N.S. Reg. 67/2006.


Income Information


Obligation of applicant

21   (1)    A parent who is applying for a child maintenance order and whose income information is necessary to determine the amount of the order must file the following:

 

                (a)    a copy of every personal income tax return filed by the parent for each of the three most recent taxation years;

 

                (b)    a copy of every notice of assessment and re-assessment issued to the parent for each of the 3 most recent taxation years;

Clause 21(1)(b) replaced: O.I.C. 2000-554, N.S. Reg. 187/2000.

 

                (c)    where the parent is an employee, the most recent statement of earnings indicating the total earnings paid in the year to date, including overtime or, where such a statement is not provided by the employer, a letter from the parent's employer setting out that information including the parent's rate of annual salary or remuneration;

 

                (d)    where the parent is self-employed, for the three most recent taxation years

 

                         (i)     the financial statements of the parent's business or professional practice, other than a partnership, and

 

                         (ii)    a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the parent does not deal at arm's length;

 

                (e)    where the parent is a partner in a partnership, confirmation of the parent's income and draw from, and capital in, the partnership for its three most recent taxation years;

 

                (f)    where the parent controls a corporation, for its three most recent taxation years

 

                         (i)     the financial statements of the corporation and its subsidiaries, and

 

                         (ii)    a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation, and every related corporation, does not deal at arm's length;

 

                (g)    where the parent is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust's three most recent financial statements; and

 

                (h)    in addition to any income information that must be included under clauses (c) to (g), where the parent receives income from employment insurance, social assistance, a pension, workers' compensation, disability benefits or any other source, the most recent statement of income indicating the total amount of income from the applicable source during the current year, or if such a statement is not provided, a letter from the appropriate authority stating the required information.

Clause 21(1)(h) replaced: O.I.C. 2000-554, N.S. Reg. 187/2000.


Obligation of respondent

       (2)    A parent who is served with an application for a child maintenance order and whose income information is necessary to determine the amount of the order, must, within 20 days if the application is served in Nova Scotia, 40 days if served elsewhere in Canada or the United States, or within 60 days if served in any other place, or such other time limit as the court or rules of the court specify, provide the court, as well as the other parent or the order assignee, as the case may be, with the documents referred to in subsection (1).


Special expenses or undue hardship

       (3)    Where, in the course of proceedings in respect of an application for a child maintenance order, a parent requests an amount to cover expenses referred to in subsection 7(1) or pleads undue hardship, the parent who would be receiving the amount of child maintenance must, within 20 days after the amount is sought or undue hardship is pleaded if the parent is served in Nova Scotia, 40 days if the parent is served elsewhere in Canada or the United States, or within 60 days if the parent is served in any other place, or such other time limit as the court or rules of the court specify, provide the court and the other parent with the documents referred to in subsection (1).


Income over $150 000

       (4)    Where, in the course of proceedings in respect of an application for a child maintenance order, it is established that the income of the parent who would be paying the amount of child maintenance is greater than $150 000, the other parent must, within 20 days after the income is established to be greater than $150 000 if the parent is served in Nova Scotia, 40 days if the parent is served elsewhere in Canada or the United States, or within 60 days if the parent is served in any other place, or such other time limit as the court or rules of the court specify, provide the court and the other parent with the documents referred to in subsection (1).


Making of rules not precluded

       (5)    Nothing in this Section precludes the making of rules by the court respecting the disclosure of income information that is considered necessary for the purposes of the determination of an amount of a child maintenance order.


Failure to comply

22   (1)    Where a parent fails to comply with Section 21, the other parent may apply

 

                (a)    to have the application for a child maintenance order set down for a hearing, or move for judgment;

 

                (b)    for an order requiring the parent who failed to comply to provide the court, as well as the other parent or order assignee, as the case may be, with the required documents; or

 

                (c)    for production pursuant to Section 29A of the Act.                                         


Costs of the proceedings

       (2)    Where a court makes an order under clause (1)(a), (b) or (c), the court may award costs in favour of the other parent up to an amount that fully compensates the other parent for all costs incurred in the proceedings.


Adverse inference

23   Where the court proceeds to a hearing on the basis of an application under clause 22(1)(a), the court may draw an adverse inference against the parent who failed to comply and impute income to that parent in such amount as it considers appropriate.


Failure to comply with court order

24   Where a parent fails to comply with an order issued on the basis of an application under clause 22(1)(b) or (c), the court may

 

                (a)    require the parent to appear to explain the failure to comply, pursuant to subsection 41(1) of the Act;

 

                (b)    strike out any of the parent's pleadings;

 

                (c)    make a contempt order against the parent, pursuant to subsection 41(2) of the Act;

 

                (d)    require production pursuant to Section 29A of the Act;

 

                (e)    proceed to a hearing, in the course of which it may draw an adverse inference against the parent and impute income to that parent in such amount as it considers appropriate; and

 

                (f)    award costs in favour of the other parent up to an amount that fully compensates the other parent for all costs incurred in the proceedings.


Continuing obligation to provide income information

25   (1)    Every parent against whom a child maintenance order has been made must, on the written request of the other parent or the order assignee, not more than once a year after the making of the order and as long as the child is a child within the meaning of these Guidelines, provide that other parent or the order assignee with

 

                (a)    the documents referred to in subsection 21(1) for any of the three most recent taxation years for which the parent has not previously provided the documents;

 

                (b)    as applicable, any current information, in writing, about the status of any expenses included in the order pursuant to subsection 7(1); and

 

                (c)    as applicable, any current information, in writing, about the circumstances relied on by the court in a determination of undue hardship.


Below minimum income

       (2)    Where a court has determined that the parent against whom a child maintenance order is sought does not have to pay child maintenance because his or her income level is below the minimum amount required for application of the tables, that parent must, on the written request of the other parent, not more than once a year after the determination and as long as the child is a child within the meaning of these Guidelines, provide the other parent with the documents referred to in subsection 21(1) for any of the three most recent taxation years for which the parent has not previously provided the documents.


Obligation of receiving parent

       (3)    Where the income information of the parent in favour of whom a child maintenance order is made is used to determine the amount of the order, the parent must, not more than once a year after the making of the order and as long as the child is a child within the meaning of these Guidelines, on the written request of the other parent, provide the other parent with the documents and information referred to in subsection (1).


Information requests

       (4)    Where a parent or an order assignee requests information from the other parent under any of subsections (1) to (3) and the income information of the requesting parent is used to determine the amount of the child maintenance order, the requesting parent or order assignee must include the documents and information referred to in subsection (1) with the request.


Time limit

       (5)    A parent who receives a request made under any of subsections (1) to (3) must provide the required documents within 30 days after the request's receipt if the parent resides in Canada or the United States and within 60 days after the request's receipt if the parent resides elsewhere.


Deemed receipt

       (6)    A request made under any of subsections (1) to (3) is deemed to have been received 10 days after it is sent.


Failure to comply

       (7)    A court may, on application by either parent or an order assignee, where the other parent has failed to comply with any of subsections (1) to (3)

 

                (a)    award costs in favour of the applicant up to an amount that fully compensates the applicant for all costs incurred in the proceedings;

 

                (b)    make an order requiring the other parent to provide the required documents to the court, as well as to the parent or order assignee, as the case may be, and consider that parent to be in contempt of court, pursuant to subsection 41(2) of the Act, if the order is not complied with; or

 

                (c)    require production pursuant to Section 29A of the Act.


Unenforceable provision

       (8)    A provision in a judgment, order or agreement purporting to limit a parent's obligation to provide documents under this Section is unenforceable.


Effective date

26   These Guidelines come into force on proclamation of Chapter 3 of the Acts of 1997, An Act to Amend Chapter 160 of the Revised Statutes, 1989, the Family Maintenance Act.



Schedule I - Child Maintenance Tables

(Subsection 2(1))

 

1     Schedule I of the Federal Child Support Guidelines established pursuant to Section 26.1 of the Divorce Act (Canada), as amended from time to time, is adopted for the purposes of these Guidelines.

 

2     In applying Schedule I of the Federal Child Support Guidelines, any reference to

 

                (a)     "spouse" shall be read as a reference to "parent" as defined in clause 2(1)(e) of these Guidelines;

 

                (b)    "child" or "child of the marriage" shall be read as a reference to "child" as defined by clause 2(1)(b) of these Guidelines;

 

                (c)    "child support" or "child support order" shall be read as a reference to "child maintenance" or "child maintenance order", respectively, within the meaning of the Act and these Guidelines;

 

                (d)    "spousal support" or "spousal support order" shall be read as a reference to "spousal maintenance" or "spousal maintenance order", respectively, within the meaning of the Act.



Schedule II - Comparison of Household Standards of Living Test

(Subsection 10(4))

 

1     Schedule II of the Federal Child Support Guidelines established pursuant to Section 26.1 of the Divorce Act (Canada), as amended from time to time, is adopted for the purposes of these Guidelines.

 

2     In applying Schedule II of the Federal Child Support Guidelines, any reference to

 

                (a)     "spouse" shall be read as a reference to "parent" as defined in clause 2(1)(e) of these Guidelines;

 

                (b)    "child" or "child of the marriage" shall be read as a reference to "child" as defined by clause 2(1)(b) of these Guidelines;

 

                (c)    "child support" or "child support order" shall be read as a reference to "child maintenance" or "child maintenance order", respectively, within the meaning of the Act and these Guidelines;

 

                (d)    "spousal support" or "spousal support order" shall be read as a reference to "spousal maintenance" or "spousal maintenance order", respectively, within the meaning of the Act.



Schedule III - Adjustments to Income

(Section 16)

 

1     Schedule III of the Federal Child Support Guidelines established pursuant to Section 26.1 of the Divorce Act (Canada), as amended from time to time, is adopted for the purposes of these Guidelines.

 

2     In applying Schedule III of the Federal Child Support Guidelines, any reference to

 

                (a)     "spouse" shall be read as a reference to "parent" as defined in clause 2(1)(e) of these Guidelines;

 

                (b)    "child" or "child of the marriage" shall be read as a reference to "child" as defined by clause 2(1)(b) of these Guidelines;

 

                (c)    "child support" or "child support order" shall be read as a reference to "child maintenance" or "child maintenance order", respectively, within the meaning of the Act and these Guidelines;

 

                (d)    "spousal support" or "spousal support order" shall be read as a reference to "spousal maintenance" or "spousal maintenance order", respectively, within the meaning of the Act.