Supreme Court

How to draft a Supreme Court order

Section 2: Child support (Optional)

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All parents have the duty to support their children, even if one parent doesn't see or take care of them. Non-parent guardians and step-parents may also have an obligation to pay child support. See our fact sheet on Child support.

Use this section when orders have been made about child support. Example clauses are included on the following topics:

  • Changing a previous child support order
  • Income for support
  • Basic child support
  • Special or extraordinary expenses
  • Reviews of support
  • Arrears of support

This guide deals with scenarios for parents only. Non-parent guardians or step-parents should get further legal advice.

Tip: In this guide, we use the parenting language that the BC Family Law Act uses. See our fact sheet Parenting apart for a list of the words we use and what they mean.

The general instructions for this section are as follows:

  1. Click Show instructions at the beginning of each topic for more information and specific directions.
  2. Choose the clauses that reflect the orders made by the judge. Insert the requested details in the text boxes. Click Don't include for orders that don't apply.
  3. When you're done, click Open text version. Make any changes to the orders necessary to reflect what the judge said or wrote. Copy and paste this text into your correct court form.

Tip: Remember that all the clauses below are automatically included in your text version unless you click Don't include. If you change your mind, you can always include them again by clicking Include.


 

Changing a previous child support order

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Include clause 1 if the court makes orders to change or vary an existing child support order.

  1. Enter the name of the judge who made the previous order as it appears on the previous order.
  2. Enter the date the previous order was made.
  3. Describe the changes the court has ordered. If this order changes only some paragraphs of the previous order, provide the paragraph numbers.

The Order of the Honourable Judge , made , is changed as follows:

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Income for support

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The judge can make orders about the parties' income, which will be used to determine child support.

  1. Choose clauses 2 and 3 to include both parties' guideline incomes.
  2. Include clause 4 if the court is imputing income to one party for child support purposes.
  3. Include clause 5 to record any other orders about income for support. Write what the judge said in the text box.

The claimant is found to be a resident of British Columbia and is found to have a guideline income of .

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The respondent is found to be a resident of British Columbia and is found to have a guideline income of .

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The (choose claimant/respondent) is found to be a resident of British Columbia and is imputed to have a guideline income of .

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Basic child support

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Child support is usually a set amount paid once a month on a specific date. A child support order may say when child support payments will end. Generally this will be when the child is no longer eligible for child support. Or the order may say that child support is payable until another order changes it. This means the terms of the child support order remain enforceable unless the court orders differently.

  1. Choose clause 6 to include the ordered amount of basic child support payable. Fill in the amount of child support and the child(ren)'s names and birthdates. Include clause 7 to fill in the date monthly payments will start, and the regular date when payments will occur. If you claimed and received an order for retroactive child support, the court may simply backdate the date when the payor has to start paying child support.
  2. Choose clause 8 if the children live with each parent no less than 40 percent of the time in a shared parenting arrangement. Enter the table amount each party would pay for child support.
  3. Choose clause 9 if there's a shared parenting arrangement and court orders the parties to set off their child support obligation, where the parents have different incomes. Fill in the amount of child support and the child(ren)'s names and birthdates. Include clause 10 to fill in the date monthly payments will start, and the regular date when payments will occur.
  4. Choose clause 11 if there's a shared parenting arrangement and the parties have similar income and no support is ordered. Fill in the child(ren)'s names and birthdates.
  5. Include clause 12 to record any other orders about basic child support. Write what the judge said in the text box.

The (choose claimant/respondent) will pay to the (choose claimant/respondent) the sum of per month for the support of ("the child(ren)").

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The child support will be paid commencing on and continuing on the day of each and every month thereafter, for as long as the child(ren) are eligible for support under the Family Law Act or until further Court order.

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The parties will share parenting time, and ("the child(ren)") will live with each of them at least 40 percent of the time. The claimant's monthly amount in Schedule 1 of the Guidelines is , and the respondent's monthly amount in Schedule 1 of the Guidelines is .

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The (choose claimant/respondent) will pay to the (choose claimant/respondent) the sum of per month to set off the parties' table amount under the Guildelines for the support of ("the child(ren)").

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The child support will be paid commencing on and continuing on the day of each and every month thereafter, for as long as the child(ren) are eligible for support under the Family Law Act or until further Court order.

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Neither party will pay child support to the other for the support of ("the child(ren)").

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Special or extraordinary expenses

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Special or extraordinary expenses are defined in section 7 of the Child Support Guidelines. The expenses are generally shared in proportion to the parents' incomes, after taking into account any subsidies, benefits, credits, etc., that apply to the expense.

An order for special or extraordinary expenses can be general, or it can be detailed. As well, these expenses can change over time, as the child's needs and activities change. Make sure the order covers all of your anticipated special or extraordinary expenses.

  1. Include clause 13 if the court makes an order for a set amount to be paid for special or extraordinary expenses. Include the amount, the date payments will start, and the date they’ll be paid each month.
  2. Include clause 14 if the court makes an order for a proportionate sharing of special or extraordinary expenses.
  3. Include clause 15 if the court makes an order identifying the proportionate share of specified special or extraordinary expenses. Fill in, as ordered, the date payments will start, the date they'll be paid each month, and the proportionate share of the payor. Add any other special or extraordinary expenses specified by the Court.
  4. Include clause 16 if the court makes an order regarding medical insurance available through one party’s employment.
  5. Include clause 17 to record any other orders about special or extraordinary expenses. Write what the judge said in the text box.

The (choose claimant/respondent) will pay to the (choose claimant/respondent) the sum of per month, commencing on and continuing on the day of each and every month thereafter, for the child(ren)'s special or extraordinary expenses.

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The parties will share the costs of the children's special or extraordinary expenses in proportion to their guideline incomes.

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The (choose claimant/respondent) will pay to the (choose claimant/respondent) commencing on and continuing on the day of each and every month thereafter their share of the following special and extraordinary expenses, being of: a) child care expenses incurred as a result of the parent's employment, illness, disability or education or training for employment; b) medical and dental premiums attributable to the child(ren) and health-related expenses that exceed insurance reimbursement by at least $100 annually; and c)

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The (choose claimant/respondent) will maintain medical, extended health and dental insurance available through their employment for the child(ren) for so long as it is available.

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Reviews of support

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The court can order that child support be reviewed at certain times, such as every year. It can also be reviewed when there’s a change of circumstances, or both.

The court can also order that the parties disclose certain financial information, such as receipts for special or extraordinary expenses, benefits or credits received, and/or tax returns.

  1. Choose clause 18 if the court orders an annual review of child support. Specify the date the review must be completed by. If necessary, change this clause in your text file to reflect what the judge specifically ordered.
  2. Choose clause 19 if the court orders an ongoing duty to exchange financial information. Specify the year this exchange will start. Add any other disclosures ordered by the court. If necessary, change this clause in your text file to reflect what the judge specifically ordered.
  3. Choose clause 20 if the court orders the parties tell each other when something changes that might affect child support.
  4. Include clause 21 to record any other orders about reviews of support. Write what the judge said in the text box.

The parties will review child support annually by of each year and, if necessary, revise it to ensure that it accords with the requirements of the Child Support Guidelines.

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By of each year starting in and for so long as the child(ren) are eligible to receive child support, the parties will exchange: a) copies of their respective income tax returns, including all attachments, no later than June 1st of each year; b) copies of any Notice of Assessment or Reassessment provided to them by Canada Revenue Agency, as soon as such notice is received; and c)

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The claimant and respondent must each notify the other immediately upon becoming aware of a material change in circumstance that may affect child support obligations.

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Arrears of support

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Arrears accrue when one party had an order to pay child support but did not pay it.

  1. Include clause 22 if the court makes an order that arrears of child support exists. Insert the details.
  2. Include clause 23 to reflect what the court ordered about repayment of arrears. Insert the minimum amount to be paid each month, the date the payments will start, and the date of the monthly payments to follow.
  3. Include clause 24 to record any other orders about arrears of support. Write what the judge said in the text box.

The arrears owing from the (choose claimant/respondent) to the (choose claimant/respondent) as of are , including principal and interest.

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The (choose claimant/respondent) will pay to the (choose claimant/respondent) a minimum of per month towards the arrears of child support, commencing on and continuing on the of each and every month thereafter until the arrears are paid in full or until further Court order.

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