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(October 1998 to March 2000)
CSR-2001-2E
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.
Alphanumeric 8-digit date field
Enter the date this case was coded
Print the surname and first initial of the person completing the survey
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.)
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"
.
Check field
Description: The unique identifier assigned to the case by the court
Format: Alphanumeric 15-digit field, left justified.
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
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:
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.
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:
Description: Type of Variation Order
Complete this item for both interim and final variation orders made under federal legislation.
Format: Check field
Value Range:
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:
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:
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:
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
Values:
Values:
Values:
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
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
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:
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:
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
"Reasonable/liberal", but an access schedule is also specified (e.g., every second weekend), please check
"Scheduled/specified".
Format: Check field
Value Range:
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:
Description: Indicates who is paying whom.
Format: Check field
Value Range:
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:
Description: The total number of children involved in this action.
Format: Alphanumeric 2-digit field
Description: The total number of children treated as under the age of majority involved in this action.
Format: Alphanumeric 2-digit field
Description: The total number of children treated as over the age of majority involved in this action.
Format: Alphanumeric 2-digit field
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.
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:
Note: Please round all income and award amounts to the nearest dollar.
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
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:
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
9. Not stated
9. Not stated
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
9. Not stated
9. Not stated
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
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
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:
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.
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:
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:
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
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:
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 |
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
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:
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:
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:
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
Description: Who applied for the Variation
Format: Check field
Value Range:
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:
Description: Date of the order that is being varied
Format: Alphanumeric 8-digit date field
Value Range: 9. Unknown/not stated
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
Description: Specification of what the order being varied included
Format: Check field
Value Range:
Description: What was the court's decision regarding the application to vary?
Format: Check field
Value Range:
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