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Home > Programs and Initiatives > Child Support

Federal Child Support Guidelines:
A List of Selected Case Law and Summaries

This document does not include the April 1, 2007 amendments related to the Universal Child Care Benefit.

Federal Child Support Guidelines:

A List of Selected Case Law and Summaries

This site provides a list of some reported and unreported cases along with selected summaries dealing with the Federal Child Support Guidelines. The cases and summaries appear below the relevant section of the Federal Child Support Guidelines.

The list of cases and selected summaries have been prepared for the Family Children and Youth Section, Department of Justice Canada. By making this list and summaries available, the Department of Justice does not intend to provide legal advice. Anyone using this material should consult the full text of the decision for a complete understanding of the implications of each case. The cases and summaries do not necessarily reflect the Department of Justice Canada's views, intentions or interpretation of the Federal Child Support Guidelines.

Although this list will be updated regularly, the Department of Justice Canada cannot necessarily provide the latest available cases. Users should, therefore, verify other sources of caselaw for a wider variety of cases and for more recent decisions.


Federal Child Support Guidelines: A List of Selected Case Law and Summaries

TABLE OF CONTENTS

A. CASES OF INTEREST (IDENTIFIED BY SPECIFIC PROVISION OF THE FEDERAL CHILD SUPPORT GUIDELINES)
  • OBJECTIVES
    		•
    1.  Objectives
  • INTERPRETATION
    		•
    2.  Definitions
  • AMOUNT OF CHILD SUPPORT
    		•
    3.  Presumptive Rule
    4.  Incomes over $150,000
    5.  Spouse in place of a parent
    6.  Medical and dental insurance
    7.  Special or extraordinary expenses
    8.  Split Custody
    9.  Shared Custody
    10.  Undue Hardship
  • ELEMENTS OF A CHILD SUPPORT ORDER
    		•
    11.  Forms of Payment
    12.  Security
    13.  Information to be specified in order
  • VARIATIONS OF CHILD SUPPORT ORDERS
    		•
    14.  Circumstances for variation
  • INCOME
    		•
    15.  Determination of annual income
    16.  Calculation of annual income
    17.  Pattern of income
    18.  Shareholder, director, officer
    19.  Imputing income
    20.  Non-resident
  • INCOME INFORMATION
    		•
    21.  Obligation of applicant
    22.  Failure to comply
    23.  Adverse inference
    24.  Failure to comply with court order
    25.  Continuing obligation to provide income information
    26.  Provincial child support services
  • COMING INTO FORCE
    		•
    27.  Coming into force
  • SCHEDULE I
    		•
    Notes
  • SCHEDULE II
    		•
    Definitions
    Test
  • SCHEDULE III
    		•
    Employment expenses
    Child support
    Spousal support
    Social assistance
    Dividends from taxable Canadian corporations
    Capital gains and capital losses
    Business investment losses
    Carrying charges
    Net self-employment income
    Additional amount
    Capital cost allowance for property
    Partnership or sole proprietorship income
    Employee stock options
    B. CASES WHERE THE FEDERAL CHILD SUPPORT GUIDELINES GENERALLY APPLY (NO SPECIFIC PROVISION IDENTIFIED)
    C. RELATED CASES WHERE DECISIONS WERE MADE UNDER THE DIVORCE ACT (NO SPECIFIC REFERENCE TO THE GUIDELINES)
  • Cases where the Divorce Act generally applies (no specific provisions identified)
    		•
  • Cases where the Divorce Act applies (specific provisions identified)
    • Section 2 - Definitions
    Section 2(1) - Definitions
    Section 2(2) - Child of the marriage
    Section 15 - Definition of "spouse"
    Section 15.1(1) - Child support order
    Section 15.1(5) - Courts may take agreement, etc., into account
    Section 17 - Variation, Rescission or Suspension of Orders
    Section 17(4) - Factors for child support orders
    Section 17.1 - Variation order by affidavit, etc.
    Section 25.1 - Agreements with the provinces

     

    Date Modified: 2008-12-16

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