Child Support Agreement - Template, Sample Form Online Pro · EN-CA-law
✓ Valid in Canada (English) · drafted to comply with local law
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CHILD SUPPORT AGREEMENT
Province of ________
Made pursuant to the Divorce Act (Canada), R.S.C. 1985, c. 3 (2nd Supp.) and/or the applicable provincial child support legislation, and the Federal Child Support Guidelines, SOR/97-175 (and/or applicable provincial child support guidelines).
§ 1 — PARTIES AND RECITALS
1.1 This Child Support Agreement (the “Agreement”) is made on ________ between the following parties:
________, residing at:
________
and
________, residing at:
________
1.2 The parties were formerly in a relationship as ________ and the relationship ended/the parties separated on ________.
1.3 The parties are the parents of the following child or children (the “Child” or “Children”):
________, born on ________
________
§ 2 — INCOME AND DETERMINATION OF SUPPORT
2.1 For the purposes of determining child support in accordance with the Federal Child Support Guidelines (and/or applicable provincial guidelines), the parties declare their respective annual incomes as follows:
Annual income of ________: ________
Annual income of ________: ________
2.2 The parties have exchanged complete financial disclosure, including income tax returns, notices of assessment and recent pay statements, and each party acknowledges receipt of the other's disclosure and is satisfied with its sufficiency.
2.3 The parenting arrangement upon which support is based is as follows: ________.
§ 3 — CHILD SUPPORT (BASIC TABLE AMOUNT)
3.1 Commencing on ________, ________ (the “Payor”) shall pay to ________ (the “Recipient”) child support in the amount of ________ per month for the support of the Child or Children.
3.2 The parties confirm that the foregoing amount accords with the applicable child support guidelines based on the Payor's income set out in § 2.1, and where it does not, the reasons for any departure are recorded as follows: ________.
3.3 Child support shall be payable on the ________ day of each month, by way of ________, and shall continue for so long as the Child remains a “child of the marriage” or a dependent child within the meaning of the applicable legislation.
3.4 Where a pre-existing child support order or agreement exists, the particulars are as follows:
Court name: ________
Case/file number: ________
Prior support amount: ________
3.5 This Agreement is intended to govern the parties' arrangements unless and until varied by further written agreement or by order of a court of competent jurisdiction.
§ 4 — SPECIAL OR EXTRAORDINARY EXPENSES (SECTION 7)
4.1 In addition to the basic table amount, the parties shall share special or extraordinary expenses within the meaning of section 7 of the applicable guidelines (including, where applicable, child-care, medical and dental premiums and uninsured health expenses, post-secondary education and extraordinary extracurricular activities).
4.2 Such expenses shall be shared in proportion to the parties' respective incomes, namely ________ payable by ________ and ________ payable by ________, net of any applicable tax credits, deductions, benefits and subsidies.
4.3 No special or extraordinary expense shall be incurred without prior consultation between the parties, save in the case of an emergency.
§ 5 — ANNUAL DISCLOSURE AND ADJUSTMENT
5.1 On or before ________ in each year, each party shall provide to the other a complete copy of his or her income tax return and notice of assessment for the preceding taxation year.
5.2 The child support payable under § 3 shall be adjusted annually to reflect changes in the Payor's income in accordance with the applicable guidelines, effective the first day of the month following exchange of the said documents.
§ 6 — PARENTING INFORMATION AND COMMUNICATION
6.1 Both parties are entitled to information regarding the Child, including current address and telephone number, and educational, medical, dental, psychological and other relevant records, subject to applicable privacy legislation.
6.2 Both parties shall have access to information regarding the Child's academic progress and school activities and are encouraged to communicate directly with school personnel.
6.3 Each party shall promptly notify the other of any emergency or material change in the Child's health.
6.5 Each party and the Child shall be entitled to communicate by telephone, in writing, or electronically in an age-appropriate manner and frequency during reasonable hours, without undue interference or supervision by the other party.
6.6 The parties shall, so far as possible, discuss and attempt to resolve any dispute concerning the Child on the basis of the Child's best interests.
§ 7 — INDEPENDENT LEGAL ADVICE
7.1 Each party acknowledges that he or she has been advised of the right to obtain independent legal advice prior to executing this Agreement and has either obtained such advice or freely and knowingly waived the opportunity to do so.
7.2 Each party acknowledges that he or she has read and understands this Agreement, is signing it voluntarily, and is satisfied that the financial disclosure exchanged is full and complete.
§ 8 — GENERAL PROVISIONS
8.1 ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior negotiations, representations, understandings and agreements, whether oral or written.
8.2 SEVERABILITY: If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
8.3 VOLUNTARY EXECUTION: The parties acknowledge that they have entered into this Agreement freely and voluntarily, without duress, fraud or undue influence.
8.4 DISPUTE RESOLUTION: In the event of a dispute arising under this Agreement, the parties shall first attempt to resolve the matter through negotiation or family mediation before commencing any court proceeding, save where urgent relief is required or where the best interests of the Child necessitate immediate recourse to the court.
8.5 VARIATION: The parties acknowledge that a court of competent jurisdiction retains jurisdiction to vary child support, and that this Agreement does not oust that jurisdiction. A material change in circumstances may give rise to a variation of support in accordance with the applicable legislation.
8.6 BINDING EFFECT: This Agreement shall be binding upon and enure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns.
8.7 GOOD FAITH: Each party agrees to act in good faith and with fair dealing toward the other in all matters arising under this Agreement.
8.8 FURTHER ASSURANCES: The parties shall execute such further documents and do such further acts as may reasonably be required to give full effect to this Agreement, including any documentation required for filing or registration with the applicable maintenance enforcement program.
8.9 HEADINGS: The headings in this Agreement are for convenience only and do not form part of it.
8.10 AMENDMENT: This Agreement may be terminated or amended only by a written instrument signed by both parties. In the event of reconciliation, the terms of this Agreement shall remain in effect unless revoked in writing by the parties.
8.11 GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the Province of ________ and the laws of Canada applicable therein.
8.12 ENFORCEMENT: The parties may file this Agreement with the maintenance/family responsibility enforcement office or court of the Province of ________ for enforcement in accordance with applicable legislation.
IN WITNESS WHEREOF, the parties have duly executed this Agreement.
SIGNED by ________:
_________________________________
________
____________________
Date
In the presence of:
__________________________________
WITNESS
Witness name: ________
Witness address: ________
SIGNED by ________:
_________________________________
________
______________
Date
In the presence of:
_________________________________
WITNESS
Witness name: ________
Witness address: ________
CERTIFICATE OF INDEPENDENT LEGAL ADVICE
Province: ________
I, ________, a barrister and solicitor entitled to practise in the Province of ________, certify that I was retained by and acted solely for ________; that I explained to him or her the nature and effect of the foregoing Child Support Agreement; that he or she appeared to understand it; and that he or she executed it in my presence freely and voluntarily, without any duress, compulsion or undue influence.
Dated at ________ this ________ day of ________, ________.
______________________________
LAWYER FOR ________
CERTIFICATE OF INDEPENDENT LEGAL ADVICE
Province: ________
I, ________, a barrister and solicitor entitled to practise in the Province of ________, certify that I was retained by and acted solely for ________; that I explained to him or her the nature and effect of the foregoing Child Support Agreement; that he or she appeared to understand it; and that he or she executed it in my presence freely and voluntarily, without any duress, compulsion or undue influence.
Dated at ________ this ________ day of ________, ________.
______________________________
LAWYER FOR ________
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