What to do when drafting support orders
Do:
- Quantify the dollar amount, frequency and commencement date of support payable.
- Ensure there is an obligation to “pay” rather than “share” special expenses and quantify them.
- Include support termination dates where appropriate and, if appropriate when seeking a global child support order, specify the dollar amount that will be payable for the remaining children if one child’s support payments are terminated at a future date.
- When changing a support order, fix the amount of any arrears and include an arrears payment schedule.
If changing a prior order, commence the new support accrual on the same day of the month or week as the prior order to avoid a double accrual the month/week of the change.
- When changing a support order or domestic contract, include any terms of the prior order affecting the support, such as termination dates, to continue those terms in the new order if that is the intention.
- If costs are awarded, ensure that the portion “related to support and maintenance” is specified in the order so that the FRO can enforce those costs as “support”
- If a social service agency is owed a portion of the arrears, specify the amount as well as any amount owed to the support recipient.
What not to do when drafting support orders
Do not:
- Refer to support being determined or changed annually “in accordance with the Child Support Guidelines”. The FRO cannot recalculate support in this manner and will have to stop collecting it.
- Include in the body of the order any terms about withdrawal from the FRO by the parties. Use the appropriate Notice of Withdrawal form.
- Include support provisions which are conditional on certain prerequisites which cannot be determined on the face of the order.
- Include foreign currency amounts in Canadian orders.
Include cost-of-living provisions for child support. They are not permitted under the Child Support Guidelines and the FRO cannot enforce them.