Child Support Guidelines in Canada, 2006 has been updated from the 2004 edition. New text and a substantial number of new cases have been added to the existing commentary. The book is current to July 31, 2006. It includes two important Supreme Court decisions: D.B.S. v. S.R.G., dealing with the circumstances under which retroactive awards of child support will be granted, and Contino v. Leonelli-Contino, which clarified guidelines for child support for payors who share custody of the child, emphasizing flexibility and fairness to all parties. The book also includes the regulatory changes to the Child Support Guidelines that were implemented on May 1, 2006. These changes include:
* extraordinary expenses under section 7 of the Federal Child Support Guidelines,
* the comparison of household incomes under section 10 of the Guidelines,
* the income of foreign residents under s. 20, and
* fundamental alterations to the table amounts of child support, which are included in the text.
Recent appellate rulings on section 7 and 3(2) of the guidelines have also been incorporated.
Child Support Guidelines is written primarily for practising lawyers and judges who serve in the trenches of family law. The objectives of this text are to provide a comprehensive analysis of the case law, to produce order out of chaos, and to provide a quick and efficient means for readers to gain access to pertinent information on all aspects of the Federal Child Support Guidelines and corresponding provincial guidelines. The emphasis is on analysis and description, not advocacy or evaluation. Efforts have been made to cite all of the most recent relevant cases from every province and territory.
Summary Table of Contents
CHAPTER 1: Criteria and Objectives of Child Support
CHAPTER 2: Jurisdiction
CHAPTER 3: Definitions of "Child of the Marriage"; Adult Children; Obligation of De Facto Parent
CHAPTER 4: Determination of Income; Disclosure of Income
CHAPTER 5: Special or Extraordinary Expenses
CHAPTER 6: Shared Parenting Arrangements
CHAPTER 7: Undue Hardship
CHAPTER 8: Impact of Child Support on Spousal Support
CHAPTER 9: Low and High Income Earners; Annual Income Over $150,000
CHAPTER 10: Effect of Order or Agreement or other Arrangement that Benefits Child; Consent Orders
CHAPTER 11: Form and Types of Order
CHAPTER 12: Effect, Registration, and Enforcement of Child Support Orders
CHAPTER 13: Variation, Rescission, or Suspension of Child Support Orders
CHAPTER 14: Appeals
Appendix A: Divorce Act
Appendix B: Federal Child Support Guidelines
Table of Cases
About the Author
Julien D. Payne, Q.C.
Faculty of Law, University of Ottawa
Julien D. Payne, C.M., Q.C, LL.D., L.S.M., F.R.S.C., one of Canada's foremost family law specialists, has been called the architect of the Unified Family Courts and No-Fault Divorce. He has taught family law at the Universities of Ottawa and Saskatchewan, and written extensively about divorce and family law. He was awarded the Law Society Medal by the Law Society of Upper Canada in 2002 and was made a member of the Order of Canada in 2004.
Julien D. Payne is the co-author of Canadian Family Law and Child Support Guidelines in Canada, 2004, both published by Irwin Law.
Marilyn A. Payne
Marilyn A. Payne is an experienced author and the founding editor of Payne's Divorce and Family Law Digest. She is is the co-author of Canadian Family Law and Child Support Guidelines in Canada, 2004, both published by Irwin Law.