C-25.01, r. 0.4 - Regulation respecting the determination of child support payments

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Full text
chapter C-25.01, r. 0.4
Regulation respecting the determination of child support payments
CODE OF CIVIL PROCEDURE — CHILD SUPPORT PAYMENTS
Code of Civil Procedure
(chapter C-25.01, art. 443).
C-25.01
September 1 2012
The former alphanumerical designation of this Regulation was: chapter C-25, r. 6.
1. These Rules, including the form and the table to which they refer, apply to any application concerning the parents’ obligation of support toward their minor child.
They also apply to an application filed by a parent in respect of a child of full age who is not able to support himself, particularly because he is pursuing full-time studies.
O.C. 484-97, s. 1; O.C. 1138-2004, s. 1.
2. The Court may fix the support payable for a child of full age at a level that departs from the level of support which would be provided under these Rules, if it considers it appropriate, taking into account all the circumstances in which the child finds himself, particularly his age, health condition, level of education or nature of his studies, civil status, place of residence, as well as his level of autonomy and, where applicable, the time needed by the child to acquire sufficient autonomy.
O.C. 484-97, s. 2.
3. The support payable by a parent for his child shall be established, on an annual basis, taking into account the basic parental contribution to which the parents should be bound jointly in respect of the child, the child care expenses, post-secondary education expenses and special expenses relating to the child, the disposable income of that parent in relation to that of both parents and the custody time he assumes in respect of the child, in accordance with the following Rules and the form in Schedule I.
The basic parental contribution of both parents shall be established on the basis of their disposable income and of the number of children, in accordance with the table in the Regulation respecting the Basic Parental Contribution Determination Table (chapter C-25.01, r. 12).
O.C. 484-97, s. 3.
4. A parent who assumes more than 60% of the custody time of a child shall be considered to have sole custody for the purposes of these Rules.
Where only one parent has sole custody of all children, the support payable by the other parent shall be calculated following Division 1 of Part 5 of the form; notwithstanding the foregoing, if the non-custodial parent has visiting and prolonged outing rights, that is, if he assumes between 20% and 40% of the custody time in respect of the children, the support payable by that parent shall be calculated following Division 1.1 of that part of the form.
O.C. 484-97, s. 4.
5. Custody is also considered to be sole custody where each parent has sole custody of at least one child. In that case, the support payable by a parent shall be calculated following Division 2 of Part 5 of the form.
O.C. 484-97, s. 5.
6. Where each parent assumes at least 40% of the custody time in respect of a child, custody of that child is considered shared custody for the purposes of these Rules.
Where both parents have shared custody of all children, the support payable by a parent shall be calculated following Division 3 of Part 5 of the form.
O.C. 484-97, s. 6.
7. In situations involving both sole custody and shared custody, that is, where at least one parent has sole custody of at least one child and where both parents have shared custody of at least another child, the support payable by a parent shall be calculated following Division 4 of Part 5 of the form.
This also applies in situations involving
— sole custody and sole custody with visiting and prolonged outing rights, that is, where at least one parent has sole custody of at least 2 children and where the other parent has, in addition, visiting and prolonged outing rights in respect of at least one of those children;
— shared custody and sole custody with visiting and prolonged outing rights, that is, where the parents have shared custody in respect of at least one child and where at least one parent has sole custody of one or more other children while the other parent has, in addition, visiting and prolonged outing rights in respect of at least one of those other children;
— shared custody, sole custody and sole custody with visiting and prolonged outing rights, that is, where the parents have shared custody in respect of at least one child, where at least one parent has sole custody of one or more other children and where the other parent has, in addition, visiting and prolonged outing rights in respect of at least one of those other children.
O.C. 484-97, s. 7; O.C. 1312-2003, s. 1.
8. Unless the Court decides otherwise considering, in particular, the parent’s assets, the support payable by a parent in respect of his child may not exceed half his disposable income. Part 6 of the form shows how to calculate the support payable pursuant to this Rule.
O.C. 484-97, s. 8.
9. For the purposes of these Rules, including the related form and table,
(1)  expenses” means
— child care expenses, in addition to the annual child care expenses required to fulfil the child’s needs, the child care expenses that the custodial parent must incur in particular to hold employment or to receive training or by reason of the parent’s health condition;
— post-secondary education expenses, that is, the annual expenses incurred so that a child may pursue post-secondary studies, including in particular, in addition to tuition fees and expenses for required pedagogical materials, transportation or accommodation expenses incurred for that purpose;
— special expenses, that is, annual expenses other than child care expenses and post-secondary educational expenses, such as medical expenses, expenses for primary or secondary studies or for any other educational program and expenses related to extracurricular activities, where those expenses are linked to the needs required by the particular situation experienced by the child.
The child care expenses, post-secondary education expenses and special expenses are reduced, where applicable, by any related advantage, subsidy, deduction or tax credit, including any sum granted by the Minister of Education, Recreation and Sports, less the related tax burden, where applicable. The amount of each of the expenses thus reduced is deemed to be equal to zero when the amount is negative;
(2)  annual income” means income from any source, in particular wages, salaries and other remuneration, support paid by a third party and received for one’s own needs, employment insurance benefits, parental insurance benefits and other benefits granted under a statutory pension or compensation plan, taxable amounts of dividends, interest and other investment income, net income from rental activities and net income from the operation of a business or from self-employment; despite the foregoing, this definition excludes government family transfers, last-resort financial assistance and any sums granted by the Minister of Education, Recreation and Sports and received under a financial assistance program for education expenses.
Non-taxable income is converted into a taxable equivalent.
The income considered is that of the current year, unless the use of that reference period is not advisable given the circumstances, in which case the income is the income foreseeable for 12 months following the filing of the application.
If a parent, under section 5 of the Act to promote access to justice through the establishment of the Service administratif de rajustement des pensions alimentaires pour enfants (chapter A-2.02), fails to provide to the Service administratif de rajustement des pensions alimentaires pour enfants (SARPA) information or the documents that would allow his or her annual income to be determined, that income is then determined, under that section, in accordance with the rules prescribed by government regulation;
(3)  disposable income” means the annual income, less the amounts mentioned in Part 3 of the form as the basic deduction and deductions for union and professional dues;
(4)  custody time” means the time during which a parent has the custody of a child or exercises visiting and outing rights in respect of a child, whether or not the child is in the care of a third person during that time.
O.C. 484-97, s. 9; O.C. 1312-2003, s. 2; O.C. 1192-2005, s. 1; O.C. 148-2014, s. 1; I.N. 2017-01-01.
10. The percentage in the table in the Regulation respecting the Basic Parental Contribution Determination Table (chapter C-25.01, r. 12) for the part of the parents’ disposable income exceeding $200,000 is given for information purposes only; therefore, the Court may, if it considers it appropriate, fix for that part of the disposable income an amount different from the amount that would be obtained using that percentage.
O.C. 484-97, s. 10; I.N. 2016-08-01.
11. (Implicitly replaced).
O.C. 484-97, s. 11; I.N. 2016-08-01.
12. (Revoked).
O.C. 484-97, s. 12; O.C. 1312-2003, s. 3.
13. (Omitted).
O.C. 484-97, s. 13.
CHILD SUPPORT DETERMINATION FORM
CANADACHILD SUPPORT
Province of Québec DETERMINATION FORM
District of ________________________
FORM:father
File No. _____________________ mother
produced jointly
established by the court
prepared on
YearMonthDay

Please complete in block letters
The parents may complete the form together and must provide all required documents. If they do not complete the form together, the parent who completes the form must provide all information and documents in respect of himself or herself. That parent may also indicate any known information about the other parent.
DO NOT STAPLE DOCUMENTS TO THE FORM
Part 1 – Identification
100Surname ________________________________________ Given name(s) ______________________________
(Father’s identification)
101 Surname __________________________________________Given name(s) ______________________________
(Mother’s identification)
Indicate the date of birth of each common child of the parents in respect of whom the application is made.
102 ______ ______ ______ 104 ______ ______ ______ 106 ______ ______ ______
YearMonthDayYearMonthDayYearMonthDay
103 ______ ______ ______ 105 ______ ______ ______ 107 ______ ______ ______
YearMonthDayYearMonthDayYearMonthDay
Part 2 – Statement of parents’ income
Indicate income for the current year or foreseeable income for the next 12 months, as the case may be. Provide a copy of the provincial income tax return filed in accordance with the Taxation Act (chapter I-3) and the provincial assessment notice of the Minister of Revenue for the last fiscal year _________ or, if the income tax return has not been filed or the notice has not been sent, provide a copy of the federal income tax return filed in accordance with the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) and the federal assessment notice of the Minister of National Revenue for the last fiscal year _________. Also provide the requested documents and any other document used to establish income.
FATHERMOTHER
200Gross salary
(Provide the last three pay slips) ___________ ___________
201Commissions/tips ___________ ___________
202Net income from a business or self-employment
(Gross income less expenses relating to the business or self-employment) ___________ ___________
(Provide financial statements)
203Employment insurance benefits and parental insurance benefits ___________ ___________
204 Support paid by a third party and received for own needs ___________ ___________
205 Retirement or disability benefits, or other benefits ___________ ___________
206Interest, dividends, and other investment income ___________ ___________
(Write taxable amount of dividends filed in the provincial income tax return or, where applicable,
in the federal income tax return)
207 Net rentals
(Gross rental income less expenses associated with the rental of immovables) ___________ ___________
(Provide a statement of income and expenses for each immovable)
208Other income
(Excluding family-related government transfers, last-resort financial ___________ ___________
assistance benefits and any sums granted by the Minister of Education, Recreation
and Sports under a financial assistance program for education expenses)
(Please specify: _______________________________ )
209TOTAL
(Add lines 200 to 208) ___________ ___________
(2014-04)
Part 3 – Calculation of parents’ disposable income for the purpose of calculating the contribution
FATHERMOTHER
300Annual income
(Line 209)___________ ___________
301Basic deduction (See table) ___________ ___________
302 Deduction for union dues ___________ ___________
303 Deduction for professional fees ___________ ___________
304 Total deductions
(Add lines 301 to 303) ___________ ___________
305Disposable income of each parent
(Line 300 - line 304) Enter “0” if negative ___________ ___________
306Disposable income of both parents
(Add the two amounts from line 305)___________
307Distribution factor (%) of income
Father’s disposable income (line 305/ line 306 x 100) ___________%
Mother’s disposable income (line 305/ line 306 x 100) ___________%
Part 4 – Calculation of the annual parental contribution
Note 1: This contribution covers the children’s complete needs excluding the expenses in line 406.
400Number of common children of the parents in respect of whom
the application is made _____
401Basic parental contribution according to disposable income of
both parents (line 306) and the number of children (line 400) (See Note 1) ___________
(See table)
402Basic parental contribution of each parent
(Line 401 x line 307) ___________ ___________
FATHERMOTHER
403Net child care expenses __________ + __________ ___________
404 Net post-secondary education expenses __________ + __________ ___________
405Net special expenses
(Please specify: ______________________)__________ + __________ ___________
406Total expenses (See Note 2)
(Add lines 403 to 405) __________ + __________ ___________
407 Contribution of each parent to expenses ___________ __________
(Line 406 x line 307)
Part 5 – Calculation of annual support according to custody time
(Complete only the division that applies to your situation.)
Note 2: The child support amount payable calculated under this part assumes that the total expenses (line 406) are paid by the parent receiving the support payments. Otherwise, please make the required adjustments as they apply to your situation in line 512.1, 518.1, 526.1, 534.1 or 564.1, and give the reasons.
Note 3: The child support amount established in line 533 or 559 assumes that the basic parental contribution will be assumed by each parent on the basis of the custody apportionment factor. If this is not the case, please make the required adjustments as they apply to your situation in line 534.1 or 564.1, and give the reasons.
Division 1 Sole custody FATHER MOTHER
(Complete this division if the non-custodial parent assumes visiting and outing rights
representing 20% or less of custody time.)
510Identify the non-custodial parent (“X”) ___________ ___________
511 Annual contribution of both parents
(Line 401 + line 406) ___________
512 Annual support payable by the non-custodial parent (See Note 2)
(Line 511 x line 307) ___________
512.1Adjusted annual support payable
Reason: _________________________________________________________ ___________ ___________
Division 1.1 Adjustment for visiting and prolonged outing rights
(Complete this division if the non-custodial parent assumes visiting and outing rights
representing between 20% and 40% of custody time.)
513Identify the non-custodial parent (“X”) ___________ ___________
514Annual contribution of both parents
(Line 401 + line 406) ___________
515Percentage of custody time represented by visiting and prolonged outing rights
(Number of days ________________ / 365 x 100) ___________%
516Compensation for visiting and prolonged outing rights
(Percentage from line 515 _____________ - 20% = ____________ % x line 401) ___________
517Adjusted annual contribution of both parents
(Line 514 - line 516) ___________
518Annual support payable by the non-custodial parent (See Note 2)
(Line 517 x line 307)___________
518.1Adjusted annual support payable
Reason: ___________________________________________________ ___________ ___________
Division 2 Sole custody granted to each parent
(Complete this division if each parent has sole custody of at least one child.)
520Indicate the number of children in the father’s custody _____
521Indicate the number of children in the mother’s custody _____
522Basic parental contribution of each parent
(Line 402) ___________ ___________
523Average cost per child
(Line 401 / line 400) ___________
524Cost of care for each parent
(Father: line 523 x line 520) ___________
(Mother: line 523 x line 521) ___________
525Basic annual support
(Line 522 - line 524) Enter “0” if negative ___________ ___________
526Annual support payable (See Note 2)
(Line 525 + line 407) Enter “0” if line 525 is “0” ___________ ___________
526.1 Adjusted annual support payable
Reason: __________________________________________________ ___________ ___________
Division 3 Shared custodyFATHERMOTHER
(Fill out this division if each parent has at least 40% of custody
time in respect of all the children.)
530Distribution factor (%) of custody
(Father: number of days of custody ________________ / 365 x 100) ___________%
(Mother: number of days of custody ________________ / 365 x 100) ___________%
531Basic parental contribution of each parent
(Line 402)___________ ___________
532Cost of care for each parent
(Line 401 x line 530) ___________ ___________
533Basic annual support (See Note 3)
(Line 531 - line 532) Enter “0” if negative ___________ ___________
534Annual support payable (See Note 2)
(Line 533 + line 407) Enter “0” if line 533 is “0” ___________ ___________
534.1Adjusted annual support payable
Reason: ________________________________________________ ___________ ___________
Division 4 Sole custody and/or custody with visiting and prolonged outing rights and/or shared custody
(Fill out this division if more than one type of custody arrangement applies: sole custody and/or custody of a child with visiting and outing rights representing between 20% and 40% of custody time and/or shared custody.)
FATHERMOTHER
540Average cost per child
(Line 401 / line 400) ___________
541Number of children in sole custody _____ _____
542Cost of care of children in sole custody
(Line 540 x line 541) ___________ ___________
543Basic contribution of the custodial parent
(Line 542 x line 307) ___________ ___________
544Difference between the cost of care and the basic contribution
of custodial parent
(Line 542 - line 543)___________ ___________
545Basic annual support payable for children in sole custody
(Father: line 544 of mother - line 544 of father) Enter “0” if the result is negative ___________
(Mother: line 544 of father - line 544 of mother) Enter “0” if the result is negative ___________
546Number of children in a situation of custody with visiting
and prolonged outing rights _____ _____
547Cost of care of children in a situation of prolonged custody
(Line 540 x line 546) ___________ ___________
548 (f)Percentage of custody time represented by visiting
and prolonged outing rights (father)
(Number of days of custody ____________ / 365 x 100)___________%
548 (m)Percentage of custody time represented by visiting
and prolonged outing rights (mother)
(Number of days of custody ____________ / 365 x 100) ___________%
549 (f)Compensation for father’s visiting and prolonged outing rights
(Percentage from line 548 (f) ____________ - 20 % = ____________ % X line 547 (mother) ___________
549 (m)Compensation for mother’s visiting and prolonged outing rights
(Percentage from line 548 (m) ____________ - 20 % = ____________ % X line 547 (father)___________
550Cost of care of children in a situation of prolonged custody – adjusted
(Line 547 - line 549) ___________ ___________
551Custodial parent’s basic annual contribution
(Line 550 x line 307) ___________ ___________
552Difference between the cost of care and the basic annual contribution
(Line 550 - line 551) ___________ ___________
553Annual support payable for custody with visiting and prolonged outing rights
(Father: line 552 of mother - line 552 of father) Enter “0” if the result is negative___________
(Mother: line 552 of father - line 552 of mother) Enter “0” if the result is negative ___________
554Number of children in shared custody _____
555Cost of care of children in shared custody
(Line 540 x line 554) ___________
556Distribution factor (%) of shared custody
(Father: number of days of custody ____________ / 365 x 100) ___________%
(Mother: number of days of custody ____________ / 365 x 100) ___________%
557Basic parental contribution of each parent
for children in shared custody
(Line 555 x line 307) ___________ ___________
558Cost of shared custody for each parent
(Line 555 x line 556) ___________ ___________
559Basic annual support for the children
in shared custody (See Note 3) ___________ ___________
(Line 557 - line 558) Enter “0” if negative
Summary of Division 4
560Basic annual support for children in sole custody
(Line 545) ___________ ___________
561Annual support payable for custody with visiting and prolonged outing rights
(Line 553) ___________ ___________
562Basic annual support for the children in shared custody
(Line 559) ___________ ___________
563Total basic annual support (See Note 3)
(Father: (lines 560 + 561 + 562 of father) – (lines 560 + 561 + 562 of mother)) Enter “0” if negative ___________
(Mother: (lines 560 + 561 + 562 of mother) – (lines 560 + 561 + 562 of father)) Enter “0” if negative ___________
564Support payable (See Note 2)
(Line 563 + line 407) Enter “0” if line 563 is “0” ___________ ___________
564.1Adjusted annual support payable
Reason: _________________________________________________________ ___________
Part 6 – Capacity to pay of debtor
600Disposable income of the parent required to pay support
(Line 305) ___________
601Multiply line 600 by 50%___________
602Annual support payable based on the calculations
under a division of Part 5 ___________
603Annual support payable
(Enter the lesser amount between lines 601 and 602) ___________
Part 7 – Agreement between parents verified by the Court
(Fill out this part if the parents agree, in accordance with article 587.3 of the Civil Code, on a support amount that departs from the amount calculated under one of the divisions in Part 5 or Part 6 of this form.)
700Annual support payable ___________
701Annual support payable according to agreement between parents ___________
702Difference between the two amounts
(Line 701 ____________ - line 700 ____________ ) ___________
703State precisely the reasons for that difference:
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
Part 8 – Payment frequency
800 Enter the payment frequency and the amount of support payable (See Note 4):
Monthly (/ 12) $___________ Twice monthly (/ 24) $___________
Every two weeks (/ 26) $___________ Weekly (/ 52) $___________
Other (Please specify: ________________________________________ ) $___________
This frequency has been:
offered requested agreed on determined by the court
801Date of first payment: __________ __________ __________
Year Month Day
Note 4: If support payments are made through the Minister of Revenue pursuant to the Act to facilitate the payment of support, the payment frequency may be adjusted according to the terms and conditions set forth in the Act.
Part 9 – Statement of each parent’s assets and liabilities
ASSETS: Give cash amounts, amounts deposited in bank accounts or other financial institutions and the market value of property in each of the following categories (regardless of any debt related thereto): immovables, furniture, automobiles, works of art, jewellery, shares, bonds, interests in a business, other investments, pension plans, retirement savings plans, receivables, etc.
LIABILITIES: Give debts or financial commitments of any nature in the form of loans or credit (hypothecary loans, personal loans, lines of credit, credit cards, instalment purchases, security, etc.) or that you must pay under a statute (fiscal debts, assessments, dues and other unpaid duties or fees, etc.) or court decision (damages, support, employment insurance or income security overpayment, fines, etc.)
FATHER’S ASSETS VALUE FATHER’S LIABILITIESVALUE








Others (provide details) ____________ Others (provide details)
TOTAL ____________ TOTAL
Summary (assets -liabilities)
MOTHER’S ASSETS VALUE MOTHER’S LIABILITIESVALUE








Others (provide details) ____________ Others (provide details)
TOTAL ____________ TOTAL
Summary (assets -liabilities)
Part 10 – Declaration under oath
I declare that the above information is accurateI declare that the above information is accurate
and complete for my part, and I sign: and complete for my part, and I sign:
atat
this day of this day of

Father’s signature Mother’s signature
Declaration made under oath before me Declaration made under oath before me
at at
this day of this day of

Signature of person authorized to administer oaths Signature of person authorized to administer oaths
O.C. 484-97, Sch. I; O.C. 777-97, a. 1; O.C. 1312-2003, s. 4; O.C. 1192-2005, s. 2; O.C. 1135-2008, s. 1; O.C. 148-2014, s. 2; I.N. 2014-05-01; I.N. 2016-08-01.
(Implicitly replaced by the Regulation respecting the Basic Parental Contribution Determination Table (chapter C-25.01, r. 12))
O.C. 484-97, Sch. II; O.C. 1312-2003, s. 4; O.C. 1138-2004, s. 2; O.C. 1192-2005, s. 3; O.C. 1139-2006, s. 1; O.C. 1102-2007, s. 1; O.C. 1135-2008, s. 1; O.C. 1291-2009, s. 1; O.C. 1095-2010, s. 1; O.C. 1323-2011, s. 1; O.C. 1061-2012, s. 1; Erratum, 2012 G.O. 2, 3469; O.C. 1279-2013, s. 1; O.C. 1072-2014, s. 1.
TRANSITIONAL
2014
(O.C. 148-2014) SECTION 3. The child support determination form filed during the hearing before 1 April 2014 must contain, where applicable, information to establish child support in accordance with the rules prescribed in section 1 and paragraph 2 of section 2 of this Regulation.
REFERENCES
O.C. 484-97, 1997 G.O. 2, 1651
O.C. 777-97, 1997 G.O. 2, 2742
O.C. 1312-2003, 2003 G.O. 2, 3605
O.C. 1138-2004, 2004 G.O. 2, 3474
O.C. 1192-2005, 2005 G.O. 2, 5164
O.C. 1139-2006, 2006 G.O. 2, 3923A
O.C. 1102-2007, 2007 G.O. 2, 3656A
O.C. 1135-2008, 2008 G.O. 2, 5505A
O.C. 1291-2009, 2009 G.O. 2, 4090
O.C. 1095-2010, 2010 G.O. 2, 3857A
O.C. 1323-2011, 2011 G.O. 2, 3750B
O.C. 1061-2012, 2012 G.O. 2, 3212 and 3469
O.C. 1279-2013, 2013 G.O. 2, 3605
O.C. 148-2014, 2014 G.O. 2, 578
O.C. 1072-2014, 2014 G.O. 2, 2775