Child support order
15.1 (1) A court of competent jurisdiction may, on application by either or both spouses, make an order requiring a spouse to pay for the support of any or all children of the marriage.
Interim order
(2) Where an application is made under subsection (1), the court may, on application by either or both spouses, [...]
Statutes
Priority to child support
15.3 (1) Where a court is considering an application for a child support order and an application for a spousal support order, the court shall give priority to child support in determining the applications.
Reasons
(2) Where, as a result of giving priority to child support, the court is unable to make a spousal [...]
Objectives
1. The objectives of this Regulation are,
(a) to establish a fair standard of support for children that ensures that they benefit from the financial means of their parents and, in the case of divorce, from the financial means of both spouses after separation;
(b) to reduce conflict and tension between parents or spouses by making [...]
Definitions
2. (1) In this Regulation,
“child” means, other than in Schedule II to this Regulation,
(a) a child who is a dependant under the Act, or
(b) in cases where the Divorce Act (Canada) applies, a child of the marriage under that Act; (“enfant”)
“income” means the annual income determined under sections 15 to 20; (“revenu”)
“order assignee” [...]
Presumptive rule
3. (1) Unless otherwise provided under these guidelines, the amount of an order for the support of a child 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 [...]
Form of payments
11. Where the child support guidelines apply to orders made under the Divorce Act (Canada), section 34 of the Act applies. O. Reg. 391/97, s. 11; O. Reg. 25/10, s. 3.
Security
12. The court may require in the order for the support of a child that the amount payable under the order [...]
Circumstances for variation
14. For the purposes of subsection 37 (2.2) of the Act and subsection 17 (4) of the Divorce Act (Canada), any one of the following constitutes a change of circumstances that gives rise to the making of a variation order:
1. In the case where the amount of child support includes a determination [...]
Determination of annual income
15. (1) Subject to subsection (2), a parent’s or spouse’s annual income is determined by the court in accordance with sections 16 to 20. O. Reg. 391/97, s. 15 (1).
Agreement
(2) Where both parents or spouses agree in writing on the annual income of a parent or spouse, the court [...]
Obligation of applicant
21. (1) A parent or spouse who is applying for an order for the support of a child and whose income information is necessary to determine the amount of the order must include with the application,
(a) a copy of every personal income tax return filed by the parent or spouse including [...]
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 [...]
MEANING OF ADMISSION THAT DOCUMENT GENUINE
22. (1) An admission that a document is genuine is an admission,
(a) if the document is said to be an original, that it was written, signed or sealed as it appears to have been;
(b) if it is said to be a copy, that it is a complete and [...]
TRIAL RECORD
23. (1) At least 30 days before the start of the trial, the applicant shall serve and file a trial record containing a table of contents and the following documents:
1. The application, answer and reply, if any.
2. Any agreed statement of facts.
3. If relevant to an issue at trial, financial statements and [...]
Court order re property of child
59. (1) Upon application by a child’s parent or by any other person, on notice to the Children’s Lawyer, the Superior Court of Justice by order may require or approve, or both,
(a) the disposition or encumbrance of all or part of the interest of the child in land;
(b) [...]
CONSENT ORDER
25. (1) If the parties agree, the court may make an order under these rules or an Act without having the parties or their lawyers come to court. O. Reg. 114/99, r. 25 (1).
SUCCESSFUL PARTY PREPARES DRAFT ORDER
(2) The party in whose favour an order is made shall prepare a draft [...]
Definitions
29. In this Part,
“dependant” means a person to whom another has an obligation to provide support under this Part; (“personne à charge”)
“spouse” means a spouse as defined in subsection 1 (1), and in addition includes either of two persons who are not married to each other and have cohabited,
(a) continuously for a period of [...]
CITATION
1. (1) These rules may be cited as the Family Law Rules. O. Reg. 439/07, s. 1.
CASES AND COURTS TO WHICH RULES APPLY
(2) These rules apply to all family law cases in the Family Court of the Superior Court of Justice, in the Superior Court of Justice and in the Ontario Court [...]
COUNTING DAYS
3. (1) In these rules or an order, the number of days between two events is counted as follows:
1. The first day is the day after the first event.
2. The last day is the day of the second event. O. Reg. 114/99, r. 3 (1).
COUNTING DAYS — SHORT PERIODS
(2) If a [...]
Definitions
1. (1) In this Act,
“child” includes a person whom a parent has demonstrated a settled intention to treat as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody; (“enfant”)
“child support guidelines” means [...]
WHO ARE PARTIES — CASE
7. (1) A person who makes a claim in a case or against whom a claim is made in a case is a party to the case. O. Reg. 114/99, r. 7 (1).
WHO ARE PARTIES — MOTION
(2) For purposes of a motion only, a person who is affected [...]
REPRESENTATION FOR A PARTY
4. (1) A party may,
(a) appear without a lawyer or other representative;
(b) be represented by a lawyer; or
(c) be represented by a person who is not a lawyer, but only if the court gives permission in advance. O. Reg. 114/99, r. 4 (1).
PRIVATE REPRESENTATION OF SPECIAL PARTY
(2) The court [...]