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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.

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