C.C.S.M. c. F20
The Family Maintenance Act
1 | Definitions |
2(1) | Best interests test applies |
(2) | Child's views to be considered |
3(1) | Court may direct investigation |
(2) | Investigation only to determine best interests |
(3) | Refusal to co-operate |
PART I | |
SPOUSES AND COMMON-LAW PARTNERS | |
4(1) | Mutual support obligation |
(2) | Conduct |
(3) and (4) | |
5 | Personal expenses |
6 | Onus of self-support after separation |
7(1) | Factors affecting order |
(2) | Domestic service as financial contribution |
8(1) | Financial information |
(2) | Penalty for non-disclosure |
9(1) | Application for order |
(2) | Effect of separation agreement |
(3) | Restricted application of subsection (2) |
(4) | Dum casta clauses inoperative |
10(1) | Order |
(2) | Offer to settle by respondent |
(3) | Offer to settle by applicant |
(4) | Offer not to be communicated to judge |
(5) | Postponement of sale |
(6) | Right of occupancy restricted |
10.1(1) | Transitional re clauses 10(1)(c) and (d) and Division 2 of Part V |
(2) | Effect of order under Domestic Violence Act on order made under clause 10(1)(d) |
(3) | Applicant and respondent must be the same persons |
11 | Orders under Child Custody Enforcement Act |
12(1) | Reconciliation |
(2) | Resumption of hearing |
13 | |
14(1) | |
(2) | Restricting contact between cohabitees |
PART II | |
CHILD STATUS | |
15 | Definition |
16 | Void and voidable marriage |
17 | Person is child of parents |
18 | Application |
19(1) | Declaration |
(2) | Order |
20(1) | Declaration |
(2) | Director of Child and Family Services may move for hearing |
(3) | Order |
(4) | One presumption |
(5) | Conflicting presumptions |
(6) | Order during lives of parent and child |
(7) | Exception if presumption |
(8) | No declaration where child placed for adoption |
21(1) | Blood tests |
(2) | Incapacity |
(3) | Inference from refusal |
22(1) | Order to be recognized |
(2) | New evidence |
(3) | Effect of new order |
23 | Presumption of paternity |
24(1) | Orders to be filed with director |
(2) | Acknowledgements may be filed with director |
(3) | Inspection of filings |
(4) | Director need not amend |
(5) | Director shall amend |
PART III | |
RECOGNITION OF EXTRA-PROVINCIAL DETERMINATION OF PATERNITY | |
25 | Definitions |
26 | Recognition of orders made elsewhere in Canada |
27 | Recognition of orders made outside Canada |
28 | Exceptions |
29(1) | Filing with director |
(2) | Amendment of record |
(3) | Liability of director |
30 | Evidence |
31 | Findings elsewhere in Canada |
32 | Findings outside Canada |
33 | Evidence |
34 | Presumption where conflicting findings |
35 | Application |
PART IV | |
CHILDREN | |
35.1 | Definition of "child" |
36(1) | Obligation to support children |
(2) | Child of spouse |
(3) | Child of cohabiting person |
(4) | Person standing in loco parentis |
(5) | |
FINANCIAL DISCLOSURE | |
36.1(1) | Financial disclosure |
(2) | Penalty |
37(1) | Child support order |
(2) | Child support guidelines apply |
(3) | Terms and conditions |
(4) | Costs |
(5) | Obligation continuing after death |
(6) | Agreement etc. taken into account |
(7) | Reasons |
(8) | Consent orders |
(9) | Reasonable arrangements |
37.1(1) | Priority to child support |
(2) | Reasons |
(3) | Consequences of reduction or termination of child support order |
37.2(1) | Application to vary, rescind or suspend order |
(2) | Terms and conditions |
(3) | Factors for child support order |
(4) | Child support guidelines apply |
(5) | Subsections 37(6) to (9) and section 37.1 apply |
(6) | Combined order |
(7) | |
38 | |
39(1) | Joint rights of parents in children |
(2) | Either parent may apply for custody of child |
(3) | Evidence re conduct of parent |
(4) | Access of parent to school and medical records |
(5) | Exception |
CHILD SUPPORT SERVICE | |
39.1(1) | Child support service |
(2) | Appointing child support service |
(3) | Effect of recalculation |
(4) | Liability |
(4.1) | Suspension |
(5) | Right to vary |
(5.1) | If no application to vary made |
(6) | Effect of application to vary |
(7) | Withdrawal of application |
39.1.1(1) | Child support service may request information |
(2) | Service of request for information |
(3) | Information to be provided |
(4) | If information not provided |
(5) | Information order |
(6) | Crown bound |
REGULATIONS | |
39.2(1) | Regulations |
(2) | Guidelines |
(3) | Child support service |
40 | |
PART V | |
PROCEDURE | |
DIVISION 1 | |
PRACTICE AND PROCEDURE | |
40.1 | Application of Division 1 |
41(1) | Jurisdiction of Queen's Bench |
(2) | Jurisdiction of Provincial Court |
42 | Practice and procedure |
42.1 | |
43 | Interim order |
44 | Ex parte interim order |
45 | Review of order |
46 | Application to vary or discharge order |
DIVISION 2 | |
46.1 to 46.5 | |
DIVISION 3 | |
GENERAL PROVISIONS | |
47(1) | Spouse a compellable witness |
(2) | Counsellor not a compellable witness |
47.1 | Affidavits and transcripts |
48 | Consent orders |
49(1) | Information as to address |
(2) | Compliance with the order |
(3) | Crown bound |
50(1) | Penalty |
(1.1) | Penalty re order under clause 10(1)(c) or (d) |
(2) | Imposition of penalty |
51(1) | Appeals |
(2) | Effect of appeals |
PART VI | |
ENFORCEMENT OF MAINTENANCE ORDERS | |
52 | Definitions |
53(1) | Automatic application of enforcement provisions |
(2) | Non-application to prior orders or lump sum orders |
(3) | Subsequent opting into or out of enforcement provisions |
(3.1) | Separation agreement |
(3.2) | Refusal to file |
(3.3) | Effect of filing |
(3.4) | Notice |
(3.5) | Withdrawal |
(3.6) | Renewal |
(4) | Income assistance recipients |
(5) | Default under Divorce Act orders, etc. |
53.1 | Clarification of order |
54(1) | Remittance of payments to designated officer |
(2) | Records |
(2.1) | Designated officer may specify manner of payment |
(3) | Certificate of designated officer |
55(1) | Designated officer to take action on default |
(2) | Designated officer may request information |
(2.0.1) | Access to information or databanks |
(2.1) | Parties to provide information |
(2.2) | Information that may be disclosed |
(2.3) | Information to be provided |
(2.4) | Service of request for information |
(2.4.1) | Service of certain requests by fax |
(2.5) | Designated officer's options if no compliance |
(2.6) | Information or reporting order |
(3) | Crown bound |
(3.1) | Offence re statutory declaration |
(4) | Designated officer may initiate action |
56(1) | Screening proceedings before the deputy registrar |
(1.1) | Person in default |
(2) | Action by deputy registrar |
(3) | |
(4) | Hearing re order made under clause (2)(e) |
(5) | Order remains in force |
(6) | Arrears due if default in payment plan |
57(1) | Enforcement proceedings before judge or master |
(1.1) | Person in default |
(2) | |
(3) | Powers of judge or master |
(3.1) | Imprisonment served intermittently |
(3.2) | Burden of proof under clause (3)(a) |
(3.3) | Arrears due if default in payment plan |
(4) | Additional penalties |
(4.1) | Continuation of adjourned hearing |
(5) | Disposition of security |
(6) | Imprisonment for default in security |
(7) | Appeal from master to Q.B. judge |
(8) | Late payment hearing |
57.1(1) | Warrant by deputy registrar |
(2) | Warrant by judge or master |
57.2(1) | Definitions |
(2) | Person to be brought before justice |
(3) | Release on undertaking |
(4) | Release on recognizance |
(5) | Order for detention |
57.3 | Appeal |
58 | Effect of imprisonment |
59(1) | Filing order in Land Titles Office |
(2) | Exemptions |
(3) | Application of Garnishment Act |
59.1(1) | Definition of "registrar" |
(2) | Notice of possible action under H.T. Act |
(3) | Content of notice |
(4) | Service of notice |
(5) | Hearing before judge or master |
(6) | Notice to registrar of non-compliance |
(7) | Proposal for payment of arrears |
(8) | Notice to registrar of compliance |
(9) | Regulations |
59.2 | Where person in default not served |
59.3(1) | Designated officer may apply for preservation order |
(2) | Criteria for preservation orders |
(3) | Preservation orders |
(4) | Order made without notice |
59.4(1) | Designated officer may file financing statement |
(2) | Lien and charge |
(3) | Perfection on registration under Personal Property Security Act |
(4) | Effect of registration under Personal Property Security Act |
(5) | Priority of lien and charge |
(6) | Priority of certain prior purchase money security interests |
(7) | Priority of lien for tax collected and not remitted |
59.5(1) | Definitions |
(2) | Authorized employee |
(3) | Authorized employee may search designated officer's records about persons in default |
(4) | Corporation obtains name and identifying information about claimant |
(5) | Corporation searches records about persons in default |
(6) | If claimant listed in records about persons in default |
(7) | Substitution of lottery prize |
(8) | Enforcement proceedings re lottery prize |
(9) | Confidentiality |
(10) | Immunity for acts in good faith |
(11) | Regulations |
60(1) | Appointment of receiver |
(2) | Appointment of receiver without formal application |
(3) | Exemptions under Garnishment Act |
60.1(1) | Assets of a corporation or other person |
(2) | Application to Court of Queen's Bench |
(3) | Application without notice |
(4) | Order |
61(1) | No time limitation on enforcement of arrears |
(2) | Death of maintenance debtor |
(3) | Death of person entitled to receive payments |
(4) | Remission of maintenance payments |
61.1 | Immunity for acts or omissions in good faith |
PART VII | |
GENERAL | |
62 | Rights are additional |
63 | Limitation period |
64(1) | Definitions |
(2) | Order or agreement assignable |
(3) | Notice of assignment |
(4) | Rights of director |