S.M. 2001, c. 33
THE INTER-JURISDICTIONAL SUPPORT ORDERS ACT
Table of Contents
DEFINITIONS AND COURT DESIGNATION | |
1 | Definitions |
2 | Designation of court |
PART 1 | |
CLAIMS WHERE NO ORDER EXISTS | |
3 | Definition |
4 | Application of Part 1 |
DIVISION 1 | |
CLAIMANT ORDINARILY RESIDENT IN MANITOBA | |
5(1) | Support application |
(2) | Contents of support application |
(3) | No requirement to notify respondent |
6(1) | Providing support application to designated authority |
(2) | Forwarding support application |
(3) | Further information or documents |
(4) | Providing copies of order |
7(1) | Provisional orders |
(2) | Evidence |
(3) | Forwarding provisional order |
(4) | Further evidence |
(5) | Forwarding further evidence |
(6) | If confirmation is denied |
DIVISION 2 | |
CLAIMANT ORDINARILY RESIDENT OUTSIDE MANITOBA | |
8 | Definition |
9(1) | Notice of hearing |
(2) | Forwarding support application |
(3) | Returning support application to reciprocating jurisdiction |
10(1) | Information that Manitoba court must consider |
(2) | Interim support order |
(3) | Terminating interim support order |
(4) | New application not precluded |
11(1) | Parentage |
(2) | Determination of parentage for purposes of this Act |
(3) | Declaration of parentage for all purposes |
12(1) | Choice of law re child support |
(2) | Law of Manitoba applies re amount of child support |
(3) | Choice of law re claimant support |
13(1) | Order |
(2) | Retroactive effect |
(3) | Type of payments under order |
(4) | Where reasons required |
14(1) | Order where notice not complied with |
(2) | Where respondent does not appear |
15 | Forwarding order to reciprocating jurisdiction |
PART 2 | |
REGISTRATION AND ENFORCEMENT OF ORDERS MADE OUTSIDE MANITOBA | |
16 | Definitions |
17(1) | Receipt of an order in Manitoba |
(2) | Designated authority forwards order to court |
18(1) | Registration |
(2) | Effect of registration of order |
19(1) | Foreign orders |
(2) | Application to set aside registration of foreign order |
(3) | Order re registration of foreign order |
(4) | Reasons required if court sets aside registration |
(5) | Jurisdiction of the court |
(6) | Notice of decision or order required |
20(1) | Effect of setting aside |
(2) | Requesting further information or documents |
21 | Foreign order expressed in non-Canadian currency |
22(1) | Foreign document not in English or French |
(2) | Translation authenticated |
PART 3 | |
VARIATION OF A SUPPORT ORDER | |
23 | Definitions |
24 | Restrictions |
DIVISION 1 | |
APPLICANT ORDINARILY RESIDENT IN MANITOBA | |
25(1) | Application to vary support order |
(2) | Contents of support variation application |
(3) | No requirement to notify respondent |
26(1) | Providing support variation application to designated authority |
(2) | Forwarding support variation application |
(3) | Further information or documents |
(4) | Providing copies of order |
27(1) | Provisional order of variation |
(2) | Evidence |
(3) | Forwarding provisional order of variation |
(4) | Further evidence |
(5) | Forwarding further evidence |
(6) | If confirmation is denied |
DIVISION 2 | |
APPLICANT ORDINARILY RESIDENT OUTSIDE MANITOBA | |
28 | Definition |
29(1) | Notice of hearing |
(2) | Forwarding support variation application |
(3) | Returning support variation application to reciprocating jurisdiction |
30(1) | Information that Manitoba court must consider |
(2) | Interim support variation order |
(3) | Terminating interim support variation order |
(4) | New application not precluded |
31(1) | Choice of law re child support |
(2) | Law of Manitoba applies re amount of child support |
(3) | Choice of law re support other than for child |
32(1) | Order |
(2) | Retroactive effect |
(3) | Type of payments under order |
(4) | Where reasons required |
33(1) | Order where notice not complied with |
(2) | Where respondent does not appear |
34 | Forwarding order to reciprocating jurisdiction |
DIVISION 3 | |
VARIATION OF REGISTERED ORDERS | |
35(1) | Jurisdiction |
(2) | Family Maintenance Act applies |
PART 4 | |
APPEALS | |
36(1) | Appeals |
(2) | Commencing an appeal |
(3) | Responding to an appeal |
(4) | Order remains in force unless court orders otherwise |
(5) | Notifying reciprocating jurisdiction |
PART 5 | |
GENERAL MATTERS | |
37(1) | Appointment of designated authority |
(2) | Delegation by designated authority |
38(1) | Transmission of documents |
(2) | Translation if document not in English or French |
39 | Right of subrogation |
40 | Terminology |
41(1) | Law of reciprocating jurisdiction |
(2) | Certain documents from reciprocating jurisdiction |
(3) | Sworn documents |
42 | Other remedies |
43(1) | Regulations declaring reciprocating jurisdictions |
(2) | Conditions re declaring a reciprocating jurisdiction |
(3) | Revocation of declaration |
(4) | Other regulations |
44(1) | Transitional |
(2) | Former Act applies where certain notices given |
(3) | Former Act applies where certain applications pending |
(4) | Where this Act applies — Part 2 |
(5) | Where this Act applies — Part 1 or 3 |
PART 6 | |
CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE | |
45 | Consequential amendment, C.C.S.M. c. C280 |
46 | Consequential amendment, C.C.S.M. c. F20 |
47 | Consequential amendment, C.C.S.M. c. G20 |
48 | Repeal |
49 | C.C.S.M. reference |
50 | Coming into force |