If a support order is not clearly written or lacks important information, we may not be able to enforce it.
Here are some do's and don'ts to help you draft a support order order.
Do:
- Make use of the standard terms for support orders set out in our Regulation.
- Quantify the dollar amount, frequency and start date of the support payments.
- Specify an obligation to "pay", rather than "share" special expenses. Quantify the expenses.
- If costs are awarded make sure the portion "related to support and maintenance" is specified in the order so that we can enforce those costs as "support".
- Specify the amount or portion of arrears that is owed to a social service agency, as well as any amount owed to the support recipient.
- Include support termination dates, where appropriate.
- When seeking a global child support order, if appropriate, specify the dollar amount that will be payable for the remaining children if one child's support payments will end at a future date.
- When changing a support order make sure you:
- fix the amount of any arrears and include an arrears payment schedule;
- start the new support accrual on the same day of the month or week as the prior order. This will avoid a double accrual at the month/week of the change, and
- include any terms of the prior order that affect the support, for example, termination date.
Don't:
- Refer to support being determined or changed annually as "in accordance with the Child Support Guidelines.
- We cannot recalculate support in this manner. As a result, we may not be able to collect support.
- Include in the body of the order any terms about withdrawal from the Family Responsibility Office 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.
- Specify cost-of-living provisions for child support. They are not permitted under the Child Support Guidelines and we cannot enforce them.