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The Family Maintenance Amendment Act

S.M. 1989-90, c. 46

Bill 52, 2nd Session, 34th Legislature

The Family Maintenance Amendment Act

(Assented to March 15, 1990)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. F20 amended

1           The Family Maintenance Act is amended by this Act.

Subsection 39(5) added

2           The following is added after subsection 39(4):

Exception

39(5)       The right of the non-custodial parent to receive the records described in subsection (4) is a right to be provided with information only and is not, unless a court orders otherwise, a right to be consulted about or to participate in the making of decisions by the parent granted custody.

Clause 40(e) added

3           Section 40 is amended by adding the following clause:

(e)That the obligation and liability for support, maintenance and education continue after the death of the person charged with the obligation and be a debt of his or her estate for a period fixed in the order.

Subsection 56(5) amended

4           Subsection 56(5) is amended by striking out "clause (1)(e)" and substituting "clause (2)(e)".

Subsection 57(1) amended

5           Subsection 57(1) is amended by striking out all that portion preceding clause (a) and substituting the following:

Whether or not any other enforcement proceedings have been taken or could be taken, the designated officer may issue a summons requiring a person in default under an order to

Subsection 57(3) amended

6           Subsection 57(3) is amended by striking out all that portion preceding clause (a) and substituting the following:

At a hearing under this section, the judge or master shall inquire into the circumstances of the person in default and may make one or more of the following orders:

Subsection 57(3.1) added

7           The following is added after subsection 57(3):

Imprisonment served intermittently

57(3.1)     Where a judge or master makes an order of imprisonment under clause (3)(a), the imprisonment may be ordered to be served intermittently at such times as are specified in the order.

Subsection 57(4) amended

8           Subsection 57(4) is amended by striking out all that portion preceding clause (b) and substituting the following:

Where a judge or master makes an order under clause 3(b) or (c), the judge or master may at that time make one or more of the following orders:

(a) that upon failure to make any payment by a date specified in the order, the person in default be fined in an amount not exceeding $500. for each default;

Coming into force

9           This Act comes into force on the day it receives royal assent.