Child Support Guidelines Amendments

Summary#

This is a proposed set of changes called the Guidelines Amending the Federal Child Support Guidelines. It would update the child support rules and related forms so they match recent changes to the Divorce Act (changes from former Bill C-78). The notice was published on March 21, 2020 and people had 30 days to comment.

What it does#

• Updates words and definitions in the Federal Child Support Guidelines to match the new family-law language in the Divorce Act:

  • Replaces “custody” and “access” language with “parenting time” and related terms.
  • Adds a definition of “majority of parenting time” as more than 60% of parenting time in a year.
  • Makes recalculation and initial calculation rules use the same approach where needed.

• Changes the Central Registry of Divorce Proceedings (CRDP) rules:

  • Gives the CRDP a clearer mandate.
  • Replaces the word “sex” with gender and adds a third option (“another gender”) on the registration form to match the Policy Direction to Modernize the Government of Canada’s Sex and Gender Information Practices.
  • Requires the CRDP to collect each spouse’s name and gender “as of the day before the marriage” (instead of at birth or at time of divorce).

• Creates federal fallback rules for provincial child support calculation and recalculation (the proposed Provincial Child Support Service Regulations):

  • Allows a provincial child support service (if a province chooses to set one up and signs an agreement with the federal government) to calculate initial child support for divorce cases out of court.
  • Sets timelines where provincial law is silent: a parent becomes liable to pay a calculated amount 31 days after the provincial service’s decision; an appeal to court must be started within 30 days of that decision.
  • Gives a standard method to “deem” income when a payor won’t provide income details. The method increases the last known income by:
    • 10% if less than 2 years have passed;
    • 15% if 2 years or more;
    • 20% if 5 years or more;
    • 30% if 10 years or more.

• Sets out three prescribed forms in the proposed Notice of Relocation Regulations:

  • A Notice of Relocation form (personal info, details of the move, proposal for how parenting time and decision-making would work).
  • A Notice of Objection to Relocation form (personal info, reasons, comments on the relocation proposal).
  • A Notice — Persons with Contact form (for people with contact orders who plan a move likely to affect their contact with the child).

• Timing: the proposals were intended to come into force with the related parts of the Divorce Act, planned for July 1, 2020.

Who's affected#

• Parents going through separation or divorce. The biggest practical changes touch on how parenting time is described and how child support is calculated or updated.
• Provincial and territorial governments and their child support services. Where provinces already have rules, those continue to apply. Federal rules kick in only where provincial law is silent or inconsistent.
• Courts and court clerks, because of changes to forms and the CRDP registration process.
• Families in places with limited court access. The changes aim to make out-of-court calculation or objections more available.
• Provinces and territories that already have recalculation agreements (these continue): Manitoba, Prince Edward Island, Newfoundland and Labrador, Alberta, Quebec, Nova Scotia, Yukon, Ontario, Saskatchewan.

Why it matters#

• It brings federal child-support paperwork and rules into line with the newer Divorce Act language. That reduces confusion about terms like custody and access versus parenting time.
• It makes it easier for some families to get child support set or updated without going to court. That can save time and legal costs.
• The income “deeming” method gives child-support officers a clear, predictable tool when payors don’t provide income information. That may make more recalculations possible without court and may help recipients get support faster.
• Standard relocation forms are meant to make move disputes clearer and easier to resolve without court.
• Changes to the CRDP’s collection of gender and name information aim to make identification more accurate and to align with modern federal gender-data policy.