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Newfoundland and Labrador Child Support Claim Form

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Newfoundland and Labrador Child Support Claim Form
Newfoundland and Labrador Child Support Claim Form
The content of this FormSupport guide is for general information only – it is not legal advice. You may wish to talk
to a lawyer for assistance in making your application, or responding to one. (Feb/03) Page 1
FormSupport Form E
Child Support Claim
In Form C you gave the court the information it needs
to order that the respondent has a duty to support a
child. If the “presumptions of parentage” do not apply
to you, or if you believe the respondent will dispute
parentage, you filled in Form D.
With Form E, you are making a claim for support for a
child or children. Use this form if you do not have a
child support order (or written agreement) now. If you
have an order now, use Form M.
Form E is short, but important. Please read this
FormSupport guide carefully. You will be asked to
make some important choices which could affect your
child or children.
“I ask for child support…”
This is your claim. If you are not asking for child
support, you do not need to fill out this form. If you
are asking for child support, check the box beside the
first statement.
On your working copy, write the full name of each
child for whom you are claiming support from the
respondent. Example: Kim has four children. Her
oldest child is 21 and is working and living away
from home. That child, and the 15-year old twins,
are children of her relationship with the respondent.
She also has an 8-year old with her current husband.
Kim would write the names of the twins only. The
oldest child is independent, and the respondent was
never a parent to the youngest.
* * *
The Child Support Guidelines
The Child Support Guidelines are rules for how to
calculate the amount of child support. There are
federal guidelines, and ones for each of the Canadian
provinces and territories. Many foreign countries also
have their own version of the guidelines.
The guidelines look at the average cost of raising a
child. They include all the normal expenses a parent
will have. The printed guidelines include very detailed
lists, or tables, of the amount the parent paying child
support should pay. The amount (called the “table
amount”) is a percentage of the paying parent’s
income, before taxes. It changes depending on the
number of children.
The courts must follow the Child Support Guidelines.
There are some exceptions. If a child has special
expenses, or the table amount would cause a financial
hardship for a parent, the court can order a different
amount. The federal Department of Justice has more
information on the guidelines. You can call 1-888-
373-2222, or use the internet address
http://canada.justice.gc.ca.
* * *
“If the respondent lives outside Canada, I ask that
the amount of child support be set using the child
support guidelines or law of the jurisdiction where
the respondent lives.”
If the respondent lives outside Canada, check the
box. All the Canadian provinces and territories use
the Child Support Guidelines. If the country
(“reciprocating jurisdiction”) where the respondent
lives has its own version of the guidelines, that’s
what it will use. If it doesn’t, it will use its own laws
to decide on the amount.
If the respondent lives in Canada:”
You have three choices here:
1. The Child Support Guidelines table amount only
2. A different amount than the table amount.
This applies if:
- you have a child over the age of majority
(age 19 in NL)
- you have split custody with the respondent
- you have shared custody with the respondent
- the table amount would cause you or the
children financial hardship
- the respondent has an income over $150,000
per year
3. Additional child support to cover special
expenses for:
- childcare
- health-related expenses over $100 per year
- child’s portion of medical and/or dental
insurance
- out-of-the-ordinary expenses for education
- post-secondary education expenses
- out-of-the ordinary expenses for
extracurricular activities.
Newfoundland and Labrador Child Support Claim Form
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