O. Reg. 135/23: ADMINISTRATIVE CALCULATION AND RECALCULATION OF CHILD SUPPORT

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ontario regulation 135/23

made under the

Family Law Act

Made: June 22, 2023
Filed: June 22, 2023
Published on e-Laws: June 23, 2023
Published in The Ontario Gazette: July 8, 2023

Amending O. Reg. 190/15

(ADMINISTRATIVE CALCULATION AND RECALCULATION OF CHILD SUPPORT)

1. Clause 4 (1) (b) of Ontario Regulation 190/15 is revoked and the following substituted:

(b) submit with the application the applicant’s consent for the child support calculation service to obtain the applicant’s income information directly from the Canada Revenue Agency, subject to subsections (4) and (5); and

2. (1) Clauses 5 (2) (a) and (b) of the Regulation are revoked and the following substituted:

(a) the responding parent submits through the child support calculation service’s website,

(i) the responding parent’s consent to a calculation of child support by the child support calculation service, including any amount specified by the applicant for eligible special expenses,

(ii) the additional information listed in subsection (3),

(iii) confirmation, to the best of the responding parent’s knowledge, that the requirements of subsection 39 (3) of the Act are met, and that the information provided by the applicant in the application is accurate, and

(iv) the responding parent’s consent for the child support calculation service to obtain the responding parent’s income information directly from the Canada Revenue Agency, subject to subsections (4) and (5); and

(2) Subsection 5 (4) of the Regulation is amended by striking out “Clause (2) (b)” at the beginning and substituting “Subclause (2) (a) (iv)”.

(3) Subsection 5 (5) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(5) If the responding parent did not file an income tax return for the most recent taxation year, or if the responding parent’s most recent income tax return shows an income that is significantly different from that parent’s current income, the responding parent shall, instead of providing the consent referred to in subclause (2) (a) (iv), submit with the response to the application copies of the following documents, as applicable:

. . . . .

3. (1) Clause 14 (1) (b) of the Regulation is revoked and the following substituted:

(b) submit with the application the applicant’s consent for the child support recalculation service to obtain the applicant’s income information directly from the Canada Revenue Agency, subject to subsections (4) and (5); and

(2) Subsection 14 (6) of the Regulation is revoked.

4. (1) Clauses 15 (2) (a) and (b) of the Regulation are revoked and the following substituted:

(a) submit through the child support recalculation service’s website,

(i) the responding party’s consent to a recalculation of the child support amount by the child support recalculation service, including any amount specified by the applicant for special or extraordinary expenses, if any of the circumstances listed in subsection (3) apply,

(ii) the additional information listed in subsection 5 (3), with necessary modifications,

(iii) confirmation, to the best of the responding party’s knowledge, that the child support amount is eligible for recalculation, and that the information provided by the applicant in the application is accurate, and

(iv) the responding party’s consent for the child support recalculation service to obtain the responding party’s income information directly from the Canada Revenue Agency, subject to subsections (4) and (6); and

(2) Subsection 15 (4) of the Regulation is amended by striking out “Clause (2) (b)” at the beginning and substituting “Subclause (2) (a) (iv)”.

(3) Subsection 15 (5) of the Regulation is revoked.

(4) Subsection 15 (6) of the Regulation is revoked and the following substituted:

(6) If the responding party did not file an income tax return for the most recent taxation year, or if the responding party’s most recent income tax return shows an income that is significantly different from that party’s current income, the responding party shall, instead of providing the consent referred to in subclause (2) (a) (iv), submit with the response to the application copies of the applicable documents referred to in subsection 5 (5).

Commencement

5. This Regulation comes into force on the later of August 21, 2023 and the day this Regulation is filed.

 

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