THE SURVEY OF CHILD SUPPORT AWARDS: INTERIM ANALYSIS OF PHASE 2 DATA

(October 1998 to March 2000)

CSR-2001-2E

APPENDIX B

Child Support Awards Data Collection Project CODING MANUAL

Rules for Inclusion: All court decisions under the federal Divorce Act regarding divorce, child support, and/or variation of child support in which children are present, i.e., all interim child support orders in divorce files; final divorce judgments that specifically incorporate separation agreements, minutes of settlement or previous court orders; final divorce judgments which are silent on child support even though children are involved; orders varying divorce judgments; and corollary relief orders. For final divorce orders and judgments, the survey should be completed after the order has been issued and entered. For variations and interim orders, the form should be completed following a judicial decision.

For jurisdictions also collecting data on orders based on provincial/territorial legislation, all cases in which children are present that deal with child support and/or access and/or custody should be included. Please note that Question 3 will distinguish between orders/judgments based on federal legislation and those based on provincial/territorial legislation. Information about whether a case is proceeding under federal or provincial legislation should be contained in the order or judgment. If this information is not found in these documents, it should be found in the application/statement of claim.

As much information as possible should be taken from the order/judgment. Occasionally information required to complete the survey is not contained in the order/judgment but is available in other supporting documents contained in the file (e.g., separation agreements, minutes of settlement, affidavits). In these cases, please use this information to complete the survey, except for questions (as noted on the data collection software/form and in this manual) that specifically require information to be collected from the order/judgment.

Note: For purposes of completing this survey, "mother" includes biological mother or step-mother, and "father" includes biological father or step-father.

Description of Data Elements

Case Coded:

Alphanumeric 8-digit date field
Enter the date this case was coded

Data Capture Person (Surname, Initial): 

Print the surname and first initial of the person completing the survey

Name:

What source documents did you use to complete this survey? please mark all that apply. (Income information in financial statements should only be used if the annual income used to determine amount of award is not indicated in any other source.)

Description:

Possible sources of information used to complete survey. All sources used should be marked. Note that prior interim orders and provincial orders should be included under option "5" - "Previous order(s)". Any additional information used to complete the survey such as corollary relief orders and provisional orders should be specified under "Other".

Format:

Check field

Value Range:
  1. Final order/judgment
  2. Minutes of settlement
  3. Separation agreement
  4. Financial statement(s)
  5. Previous order(s)
  6. Affidavit(s)
  7. Other (specify):

A. CASE CHARACTERISTICS

1. Name: Court File No.

Description: The unique identifier assigned to the case by the court

Format: Alphanumeric 15-digit field, left justified.

2. Name: Court Identifier

Description: Four-digit prefix used by the Central Divorce Registry (CDR) to identify court locations.

Format: Alphanumeric 4-digit field

Value Range:
First 2 digits: Province/Territory Identifier
Last 2 digits: Court no. within province

3. Name: Type of Order
3.0 Name: Was This Case Under:

Description: Distinction made between cases proceeding under federal legislation and those proceeding under provincial/territorial legislation. Information to complete this item should be contained in the order/judgment; if the information is not in these documents, it should be contained in the application/statement of claim. For cases proceeding under federal legislation, question 3.1 OR question 3.2 should be completed. For cases proceeding under provincial/territorial legislation, question 3.3 AND question 3.3a should be completed.

Format: Check Field

Value Range:

  1. Federal legislation
  2. Provincial/territorial legislation
  3. Unknown
For Questions 3.1, 3.2, and 3.3:

Check only the most recent decision/action stage of the process. The decision or order may reference previous minutes of settlement, prior orders, and/or a separation agreement adopted in the order.

3.1 Name: Divorce Order/Judgment Under Federal Legislation

Description: Type of Divorce Order/Judgment

Complete this item for both interim and final child support orders made under the federal Divorce Act. If the divorce judgment is silent on the issue of child support, but a prior court order or separation agreement dealing with child support is filed with the motion for a divorce judgment, complete the rest of the survey as though the prior court order or separation agreement for child support were part of the divorce judgment.

A number of cases involve divorce judgments only, and are silent on child support Such cases should be included under value "3-Divorce order/judgment only - silent on child support". Corollary relief orders, provisional orders, and reserved child support orders should be coded under value "4-Other - (specify)" and the specifics written in the blank.

Format: Check field

Value Range:

  1. Interim child support order
  2. Divorce order/judgment including child support order
  3. Divorce order/judgment only - silent on child support
  4. Other (specify):
3.2 Name: Variation Order Under Federal Legislation

Description: Type of Variation Order

Complete this item for both interim and final variation orders made under federal legislation.

Format: Check field

Value Range:

  1. Interim variation order
  2. Variation order
  3. Other (specify):
3.3 Name: Order Under Provincial/Territorial Legislation

Description: Type of Order made under Provincial/Territorial Legislation

For jurisdictions collecting data on orders based on provincial/territorial legislation, complete this item for cases involving children in which the order dealt with child support and/or access and/or custody. Complete this item for interim orders, final orders, and variation orders.

Format: Check field

Value Range:

  1. Interim order
  2. Final order
  3. Variation order
  4. Other (specify):
3.3a Name: For Provincial/Territorial Orders, Were the Parties:

Description: Marital Status of the Parties

Complete this item only for orders based on provincial/territorial legislation. Indicate whether the parties to the action are legally married, divorced, cohabiting/living common law, or never cohabited/never lived common law at the time of the action.

Only select "1-Married" or "2-Divorced" in cases where the child who is the subject of the action is a child of the marriage of the parties. If the child who is the subject of the action is not a child of the marriage of the parties, select either"3-Cohabiting/Living common law" or "4-Never cohabited/Never lived common law" depending on the living arrangements of the parties. Since definitions of cohabiting/living common law differ across jurisdictions, use the definition commonly used in your province/territory.

Format: Check field

Value Range:

  1. Married
  2. Divorced
  3. Cohabiting/Living common law
  4. Never cohabited/Never lived common law
  5. Unknown/not stated
4. Name: Disposition of Order:

Description: Data will usually be found in the Preamble of the order.

  • Check "1-consent" if it is clear that both parties consented to the order.

  • Check "2-uncontested" if it is clear that the judge had to make a finding in the absence of the respondent or if the preamble states the finding was made by default.

  • Check "3-contested" if it is clear that the judge had to make a finding based on involvement/argumentation of both parties.

  • There are some cases where it may be indicated that consent was given as to the form but not content of the order. These cases, in which a judge had to make a decision about content, would be contested.

  • Check "9-unknown" if the disposition of the order is not clear.

Format: Check field

Value Range:

  1. Consent
  2. Uncontested
  3. Contested
  4. Unknown
5. Name: Legal Representation for:

Description: Whether parties to the action were represented by legal counsel at any stage of the proceedings.

If there is any indication of legal representation for either or both parents in the court order, the minutes, prior orders, and/or separation agreements, answer "1-yes". If there is indication that the person acted on their own behalf or refused independent legal advice, answer "2-no". Otherwise select "9-unknown".

In Variation orders government agencies may have intervenor status. If any government agency has status in this action, please check off the "1-yes" category under "Government agency." Examples of government agencies that may be involved include: Maintenance Enforcement agencies or Social Service/Social Welfare agencies.

For the purposes of this study, if only duty counsel (lawyer located at court) or mediators are involved, this in itself does not qualify as legal representation for the spouses.

Format: Check fields

5.1 Mother

Values:

5.2 Father

Values:

5.3 Government Agency

Values:

6. Name: Date of Decision

Description: Date of a judicial decision about child support. In most cases, this will be the same as the date of endorsement.

If the decision is silent on child support, the date is still the date of the divorce judgment.

Format: Alphanumeric 8-digit date field

Value Range:

Field Position Description Example
1-4 Year 1996
5-6 Month 04 (for April)
7-8 Day 16 (for the 16th)

The range for month is 01-12. The range for days is 01-31

6.1 Name: Date Issued and Entered

Description: Date on which the order/judgment was issued and entered. For interim orders and variations that may not be issued and entered, this item should be left blank.

Format: Alphanumeric 8-digit date field

Field Position Description Example
1-4 Year 1996
5-6 Month 04 (for April)
7-8 Day 16 (for the 16th)

The range for month is 01-12. The range for days is 01-31

7. Name: Issues Dealt with in Order/Judgment

Description: Indicate issues dealt with in this order/judgment. Some files may include other documents such as separation agreements or prior orders in addition to the final order/judgment. The documents should only be considered as forming part of the order/judgment if there is clear indication in the order/judgment that these documents have been incorporated into it (e.g., by specific reference to the prior agreement or order). Otherwise, these documents should be considered supporting and used when answering question 7.1 below. Please mark all that apply. A review clause would include such requirements as an annual review of the paying parent's income. For spousal support, only include support awards involving money.

Format: Check field

Value Range:

  1. Child support
  2. Custody
  3. Access
  4. Spousal support
  5. Arrears
  6. Award termination provision
  7. Cost of living (inflation) clause
  8. Review clause
  9. Other (specify)
7.1 Name: Issues Dealt With in Supporting Documents

Description: Indicate issues dealt with in supporting documents available to you in the file (e.g., separation agreements, minutes of settlement, affidavits) that were not incorporated in the current order/judgment. Please mark all that apply. A review clause would include such requirements as an annual review of the paying parent's income. For spousal support, only include support awards involving money.

Format: Check field

Value Range:

  1. Child support
  2. Custody
  3. Access
  4. Spousal support
  5. Arrears
  6. Award termination provision
  7. Cost of living (inflation) clause
  8. Review clause
  9. Other (specify)
8. Name: Access Terms (if any)

Description: Record terms of access arrangements.

  • "1-Reasonable/liberal" - includes no restrictions on access
  • "2-Supervised visiting" - means that access visits must be supervised
  • "3-Information/no visiting" - refers to situations where information regarding the child(ren) may be received, but no visiting is allowed
  • "4-No information/no visiting" - refers to complete cut-off from the child(ren)
  • "5-Scheduled/specified" - is applicable if access is specified by a schedule
  • "6-Other (specify)" - if none of the above seem applicable but access terms are provided in the order, check and describe as written in the order. This would also include shared custody.
  • "9-Unknown" - if access is not dealt with or is unknown
    If it is stated that access is "Reasonable/liberal", but an access schedule is also specified (e.g., every second weekend), please check
  • "Scheduled/specified".

Format: Check field

Value Range:

  1. Reasonable/liberal
  2. Supervised visiting
  3. Information/no visiting
  4. No information/no visiting
  5. Scheduled/specified
  6. Other (specify):
  7. Unknown
9. Name: Spousal Award Amount

Description: Amount and frequency of spousal award payments, if any. If a spousal award is not cash, but something such as property, specify this under "Other".

Format: Check field and alphanumeric 8-digit dollar field (ranging from $00,000,000 to $99,999,999)

Value Range:

  1. No award
  2. Lump sum payment
  3. Monthly payments
  4. Yearly payments
  5. Other (specify):
  6. Unknown/not stated
9.1 Name: Paying Spouse:

Description: Indicates who is paying whom.

Format: Check field

Value Range:

  1. Wife
  2. Husband
10. Name: Province of Residence of Parents

Description: For each parent or guardian, the code representing their province/territory of residence should be recorded in appropriate box.

Format: Alphanumeric 2-digit field

Values:

10.1 Name: Number of Children in Case

Description: The total number of children involved in this action.

Format: Alphanumeric 2-digit field

10.1a Name: Number of Children Treated as Under Age of Majority

Description: The total number of children treated as under the age of majority involved in this action.

Format: Alphanumeric 2-digit field

10.1b Name: Number of Children Treated as Over Age of Majority

Description: The total number of children treated as over the age of majority involved in this action.

Format: Alphanumeric 2-digit field

11. Name: Principal Residence of Each Child and Child's Year of Birth

Description: For each child (by Child #) indicate whether principal residence is with mother, father, both parents, or some other arrangements and then record the year of birth for the child in the appropriate box.

Use the "both" category only if there is a shared custody arrangement (at least 40% with each parent).

If the child does not reside with either parent (e.g. if they live with other relatives or live on their own), please specify under "Other".

If principal residence for one or more children is unknown, indicate the "Not stated" category and record the year of birth if known. If the place of residence is known but the year of birth is unknown, simply check the place of residence that applies.

Please ensure that when there is more than one child in a family the information for each child is entered in a separate column.

Format: Thirty alphanumeric 2-digit fields.

12. Name: Type of Custody Arrangements under the Guidelines

Description: Record the decision regarding primary residence of all children.

Note that "joint custody" and "joint guardianship" are not guideline terms. These terms are often used when both parents have joint "legal" decision making responsibility regarding decisions on education, medical treatment, religion, etc. In relation to the new guidelines and therefore this question, however, "custody" refers to the primary residence of the children.

  • "1-Sole custody - Mother" - means that the primary residence is with the mother and the child(ren) spends more than 60% of his/her time there

  • "2-Sole custody - Father" - means that the primary residence is with the father and the child(ren) spends more than 60% of his/her time there

  • "3-Shared custody" - is the custody arrangement whereby the child(ren) generally spends equal time at both parent's residences. Legally, the guidelines have stipulated that the child must spend at least 40% of his/her time with both parents to be considered "shared".

  • "4-Split custody" - is an arrangement whereby each parent has sole custody (i.e., maintains the primary residence) of at least one child specified in the action

  • "5-Custody granted to other (specify)" - if custody is granted to someone other than the parents, select this option and specify the relationship of the guardian to the child

  • "6-No order" - if the order/judgment specifically indicated that custody is not dealt with, select this response, or if there is an indication that this is a de facto custody arrangement

  • "7-Other arrangements (please explain)" - if there are other arrangements, such as some combination of shared, split and sole custody, select this option and explain

  • "9-Unable to determine/unknown" - if you can't determine custody arrangements from the content of the order/judgment, select this option.

Format: Check field

Value Range:

  1. Sole Custody - Mother
  2. Sole Custody - Father
  3. Shared custody
  4. Split custody
  5. Custody granted to other (specify):
  6. No order
  7. Other arrangements (please explain):
  8. Unable to determine/unknown

B. Award Amount

Note: Please round all income and award amounts to the nearest dollar.

13. Name: Total Child Support Award Amount

Description: Total Child Support Award amount that is to be paid by one of the parents. Indicate the amount of the child support, which should include the basic table amount plus or minus adjustments for special expenses or undue hardship, as well as payments made to third parties such as tuition paid to educational institutions, but not payments in arrears. In cases of split custody where each parent may be required to pay the other child support, enter the net amount which is calculated by deducting the amount of the lower paying parent from that of the higher paying parent. If the order refers to a hypothetical situation where support payments are linked to future employment, enter only what the current or most consistent award is.

If support is paid on more than one frequency schedule (e.g., a monthly child support amount and an annual amount for special or extraordinary expenses) please code each in on the appropriate line.

If the divorce judgment is silent on child support but a prior court order or separation agreement dealt with child support, still indicate the amount awarded in the appropriate space. If Child Support Guidelines were not used in the previous order, please indicate this in Question 16 by checking "4-Support order is present but there is no indication of how it was calculated".

If a payment schedule is different than those listed, check "4-Other" and write in the payment frequency.

If the order/judgment clearly indicates that a child support award in the amount of $0.00 has been made, leave the amount boxes blank and select option "5-Amount is $0.00". If the child support award is contingent on some future circumstance (e.g., when the payer is employed), select option "6-Amount contingent on future circumstances".

If no award is given or there is a "reserve judgment on child support" select "7-No award".

If no mention is made of child support in any available documents, leave the boxes blank and select option "9-Amount is unknown/not stated".

Format: Four alphanumeric 5-digit dollar fields (ranging from $00,000 to $99,999) plus check fields

13.1 Name: Paying Parent

Description: Indicates whether the mother is the paying parent or the father is the paying parent of the net child support award amount in this court action. In most cases, the payer of the net award amount would also be the payer according to the Child Support Guidelines Tables. However, in a few cases where the recipient's income and Section 7 expenses are both high, a situation may arise in which the parent who would be the payer according to the tables is actually the recipient of the net child support award. In these cases, the parent who is actually paying the net amount should be checked as the "Paying parent" and a comment added detailing the situation. Please note that in subsequent questions regarding the "Paying parent", this refers to the person who should be paying child support according to the Guidelines Tables.

In cases of $0.00 awards or no mention of award select option "3-Not applicable". If child support is to be paid by a party other than the mother or father, select option "4-Other - specify".

If there is another "payer" to the children involved in this action but awarded in a previous court action such as a previous father/step-father, indicate in the comments section provided.

Format: Check field

Value Range:

  1. Mother
  2. Father
  3. Not applicable
  4. Other (specify):
14. Name: Annual Income(s) Used to Determine Table Amounts OR for Determining a "Different Amount"

Description: Provide the annual income of the paying parent and the recipient parent (if stated) which were used to determine the child support award whether the guidelines were used to determine the amount or not. For purposes of answering this question, the "Paying parent" will always be the parent who should be the payer according to the Guidelines Tables. Use the income as specified in the order. If the amount(s) is not available in the order, use other sources such as income or financial statements as a last resort. If a source other than the order was used to determine incomes, specify the source in the blank. If income was not available anywhere indicate "Not stated".

Format: Two alphanumeric 7-digit dollar fields (ranging from $0,000,000 to $9,999,999) and check field

14.1 Paying parent

9. Not stated

14.2 Recipient parent

9. Not stated

15. Name: Annual Incomes Used to Determine Each Parent's Share of Special Expenses

Description: Incomes of the Payer parent and/or Recipient parent used to determine share of Special Expenses. For purposes of answering this question, the "Paying parent" will always be the parent who should be the payer according to the Guidelines Tables. If a source other than the order was used to determine incomes, specify the source in the blank. If no special expenses, indicate "1-Not applicable".

Format: Two alphanumeric 7-digit dollar fields (ranging from $0,000,000 to $9,999,999) and check fields

Value Range:1. Not applicable

15.1 Paying Parent

9. Not stated

15.2 Recipient Parent

9. Not stated

16. Name: How Was Award Amount Determined?

Description: If the order indicates that Child Support Guidelines were followed/applied to determine any part of the award amount check "1-Federal Child Support Guidelines used" or "3-Provincial Child Support Guidelines used". The latter applies only in the provinces where guidelines have been "designated". Also, if it is stated that a table amount and/or Section 7 special expenses are part of the award, check either "1-Federal Child Support Guidelines used" or "3- Provincial Child Support Guidelines used" where appropriate.

If the guideline tables were not used at all, check "2-Different amount determined as per Section 15.1(5)…" and indicate the methodology and Sections of the Divorce Act where referenced in the comments section.

There may be situations where a support order under either federal or provincial/territorial legislation (Note: question 3.0 will indicate jurisdiction) is present but there is no indication of how it was calculated (guidelines weren't used). In these cases, select option "4-Support order or agreement is present but there is no indication of how it was calculated". Make sure this amount is also entered in Question 13. In situations where the judgment does not refer specifically to support but there is a previous order, judgment, or separation agreement on file that dealt with child support, select option "5-Divorce order is silent on support but a previous order or separation agreement regarding child support is filed…" and indicate the date of the previous order or agreement if available. Note: If it is clear that this previous order or agreement used Child Support Guidelines, you should still select option "1" or "3".

Format: Check field, open-ended text fields, and 6-digit date field.

Value Range:

  • 1. Federal Child Support Guidelines used

    "Different amount" determined as per Section 15.1(5), 15.1(7), 17(6.4) or 17(6.5) of the Divorce Act.

  • 2. Provincial Child Support Guidelines used

    Support order or agreement is present, but there is no indication of how it was calculated

    Divorce judgment is silent on support, but a previous order or separation agreement regarding child support is filed with the motion for divorce judgment. Please provide the date of the prior order or agreement.

  • 9. Unknown/not stated

17. Name: Other child support award amount determined as per

Description: If the child support award does not fit into any of the categories in Question 16, but there is some indication of how it was determined, please write this in the blank.

If reasons why the Federal or Provincial Child Support Guidelines were not used or why there was a $0.00 award amount are given, write these in the second blank for this question.

Format: Two open-ended text fields

18. Name: For all post-May 1997 orders/judgments, which of the following information was contained in the order? (mark all that apply)

Description: Specify the information that was contained in the order/judgment or attached documents incorporated as part of the order (as opposed to supporting documents in the file).

For option "6-Particulars of all special or extraordinary expenses awarded", check this only if the individual special or extraordinary expense(s) awarded in the order are specified (e.g., Child care/day care, Portion of medical and dental insurance premiums for the child, etc.)

Format: Check field

Value Range:

  1. Name of each child to whom the order relates
  2. Birth date of each child to whom the order relates
  3. Income of any spouse whose income is used to determine the amount of the child support order
  4. Amount of child support determined from the appropriate table for the number of children to whom the order relates
  5. Amount considered appropriate (not the table amount) for a child the age of majority or over
  6. Particulars of all special or extraordinary expenses awarded
  7. Child to whom any special or extraordinary expense relates
  8. The amount of any special or extraordinary expense or, where that amount cannot be determined, the proportion to be paid in relation to the expense
  9. Date on which the lump sum or first payment is payable and the day of the month or other time period on which all subsequent payments are to be made

C. DETAILED INFORMATION ON GUIDELINE COMPONENTS

This should be filled out if any part of the award includes either a table amount (C.1) OR any special expenses (C.2) OR undue hardship (C.3). Fill out these sections only if this information has been specified in the divorce judgment, order, agreement or previous order.

C.1 Table Amounts
19. Name: Table Amount for Paying Parent as Stated in the Order: (only include if specified in order or supporting documents. Please note that this does not refer to the parent's income.)

Description: Table amount as specified in the order or supporting documentation. For purposes of answering this question, the "Paying parent" will always be the parent who should be the payer according to the Guidelines Tables. If the table amount is not listed in the order or agreement leave blank. Note that the table amount does not include special expenses or undue hardship.

Format: Check field and alphanumeric 5-digit dollar field (ranging from $00,000 to $99,999).

Value Range:

  • 1. Not applicable
  • 9. Unknown/not stated
20. Name: If custody is Shared or Split - Table Amount for Recipient Parent as Stated in the Order (only include if specified in order or supporting documents)

Description: For split custody, the Guidelines require that a table amount be determined for each parent.

For shared custody, the Guidelines suggest that table amounts for each parent be taken into account.

For purposes of answering this question, the "Recipient parent" will always be the parent who should be the recipient according to the Guidelines Tables.

Format: Alphanumeric 5-digit dollar field (ranging from $00,000 to $99,999)and check fields.

Value Range:

  • 1. Not applicable
  • 9. Unknown/not stated
21. Name: Discretionary Award Amount for Each Child at or over the Age of Majority

Description: If there are any children at or over the age of majority and if they were not included when determining the Table amount for all the children, indicate the award amount for each child at or over the age of majority, using the numbering from question #11 to identify each child (Reference: Guidelines section 3(2)(b)). If there are no children over the age of majority, please leave this question blank. If there are children over the age of majority, but they were included when determining the table amount for all the children, leave this question blank. Only enter an amount of $0 if there are children over the age of majority, but no provision was made for them in the child support order.

Format: Three alphanumeric 4-digit dollar fields (ranging from $0,000 to $9,999), one for each child number

C.2 Special or Extraordinary Expenses
22. Name: Special or Extraordinary Expenses Awarded under Section 7 of the Guidelines

Description: Amount of Special or Extraordinary Expenses to be paid to the Recipient parent by the Paying parent AND/OR the proportion of expenses to be paid.

Enter the amount in the boxes beside the appropriate payment frequency, and check the payment frequency in the check boxes. Complete all that apply.

If the amount of special or extraordinary expenses is not included in the order, but the proportion of expenses to be paid by the paying parent is available, code this percentage in the percentage boxes.

In the majority of cases, the parent paying the Guidelines Table amount will also be the parent paying special or extraordinary expenses. There may be a few cases in which the "Paying parent" according to the Guidelines tables applies for special

or extraordinary expenses and, as a result, the "Recipient parent" according to the Guidelines tables may end up paying the net amount of special or extraordinary expenses to the Paying parent. In these cases, list the net amount in the boxes beside option "4-Other (specify):  ______ " and write the particulars in the comment field.

Format: Check fields and alphanumeric 6-digit dollar fields (ranging from $000,000 to $999,999) and alphanumeric 3-digit percentage field

Value Range:

  1. Yes - Paying parent's share of special or extraordinary expenses is: (Provide monthly amount to be paid to Recipient and/or proportion of expenses)
  2. Yes - Award amount and/or proportion not stated (No indication of special expenses amount or proportion)
  3. None - No special or extraordinary expenses awarded
23. Name: Process for Determining Special or Extraordinary Expenses

Description: Check the box beside each special or extraordinary expense category that was awarded in the case. For each expense awarded, if either amount or proportion was specified, check the box under the appropriate alternative. If both amount and proportion were specified, check the boxes under each alternative. If neither amount nor proportion was specified, do not check any of these boxes. If categories for special expenses are stated but not amounts or proportions, then the categories should still be checked off. Some orders will specify expenses for other items such as life insurance or registered education savings plans. Please note these in Question 24.

Format: Three check fields for each expense and an open-ended text field

Section 7 expenses: Amount Specified Proportion Specified
23.1 Child care/day care 1. Yes 2. Yes
23.2 Portion of medical and dental insurance for the child 1. Yes 2. Yes
23.3 Health-related expenses 1. Yes 2. Yes
23.4 Primary and Secondary School/Educational Programs 1. Yes 2. Yes
23.5 Post-secondary school 1. Yes 2. Yes
23.6 Extracurricular activities 1. Yes 2. Yes
24. Name: "Other" arrangements outside of Section 7

Description: If any other expenses were part of the award outside of Section 7 expenses detailed in items 23.1 through 23.6 above, record any available explanation or information

Format: Open-ended text field

C.3 Undue Hardship
25. Name: Applicant

Description: Check whether application made by payer, recipient, or both. Check "Not applicable" if this case does not include an undue hardship application.

Format: Check field

Value Range:

  1. Not applicable
  2. Paying Parent
  3. Recipient Parent
  4. Both
26. Name: Were the Incomes of Other Household Members Used in Standard of Living Test?

Description: Indicate whether the income of other members of either the paying parent's or recipient parent's household were included when comparing their respective standards of living.

Format: Check field

Value Range:

  • 1. Yes
  • 2. No
  • 9. Not stated
27. Name: Outcome of Undue Hardship Application

Description: What was the result of the application for Undue Hardship by either parent? If the award is greater than the guideline amount, select option "2-Increase of guideline amount" and, where available from the documents, also record the dollar amount difference per month. If the award is less than the guideline amount, select option "3-Decrease of guideline amount" and where available from the documents, also record the dollar amount difference per month.

Format: Two alphanumeric 5-digit dollar fields (ranging from $00,000 to $99,999) and check field.

Value Range:

  • 1. Denied
  • 2. Increase of guideline amount. Where available from documents also record amount of increase (amount per month). OR
  • 3. Decrease of guideline amount. Where available from documents also record amount of decrease.(amount per month)
  • 9. Unknown/not stated
28. Name: "Reasons" Noted in Order or Judgment (if any)

Description: Any reasons noted as per Section 10(6) of the Child Support Guidelines, i.e. "Where the court makes a child support order in a different amount under this section, it must record its reasons for doing so."

Format: Open-ended text field

D. Modifications

IF THIS ACTION IS A VARIATION TO A PREVIOUS CHILD SUPPORT ORDER, PLEASE ALSO COMPLETE THE FOLLOWING:
29. Name: Applicant

Description: Who applied for the Variation

Format: Check field

Value Range:

  1. Paying parent
  2. Recipient parent
  3. Both (cross-application)
30. Name: Reasons for Variation (Guidelines Section 14)

Description: What reason was given in the variation order by the judge to vary the existing order? If the reason was other than implementation of the Child Support Guidelines, choose option "2-Other change of circumstances" and specify the reason. If no reason was given, choose option "9-Unknown".

Format: Check field

Value Range:

  • 1. Implementation of Guidelines (refer to section 14(c) of Guidelines)
  • 2. Other change of circumstances (Section 14(a) or (b) - specify): 
  • 9. Unknown/not stated
31. Name: Date of Original Order

Description: Date of the order that is being varied

Format: Alphanumeric 8-digit date field

Value Range: 9. Unknown/not stated

32. Name: Amount of Original Award

Description: Amount of order that is being varied.

Format: Alphanumeric 5-digit dollar field (ranging from $00,000 to $99,999)

Value Range: 9. Unknown/not stated

32.1 Name: Indicate whether the original order was for:

Description: Specification of what the order being varied included

Format: Check field

Value Range:

  • 1. Child support only
  • 2. Child and spousal support combined
  • 9. Unknown whether it was for child support only or child and spousal support combined
33. Name: Decision

Description: What was the court's decision regarding the application to vary?

Format: Check field

Value Range:

  • 1. Face-value amount increased
  • 2. Face-value amount decreased
  • 3. Denied
  • 4. Termination order
  • 9. Not stated whether increased or decreased
34. Name: Comments noted in order or judgment, (if any)

Description: Any comments that were included in the order or judgment.

Format: Open-ended text field

If you have any questions about a particular case that are not dealt with in this coding manual, please call the Child Support Help Line at 1-888-881-4273.

12/07/98

Date modified: