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The Family Maintenance Act

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(3) and (4) Repealed
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13 Repealed
14 (1) Repealed
(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 or other genetic 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) Repealed
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) Repealed
38 Repealed
39 (1) Joint rights of parents in children
(2) Either parent may apply for custody of child
(2.1) Best interests 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
(5.1) Deemed income
(6) Crown bound
REGULATIONS
39.2 (1) Regulations
(2) Guidelines
(3) Child support service
40 Repealed
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 (1) Application to vary or discharge order
(2) Order to vary or discharge
(3) Effective date of order
46.0.1 Compensatory payment
DIVISION 2
46.1 to 46.5 Repealed
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
(1.1) Service of application
(1.2) Assessing risk of domestic violence or stalking
(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
DEFINITIONS
52 Definitions
COMMENCING ENFORCEMENT
53 (1) Automatic application of enforcement provisions
(2) Non-application to prior maintenance orders
(3) Subsequent opting into or out of enforcement provisions
(3.1) Separation agreement
(3.2) Repealed
(3.3) Effect of filing
(3.4) Notice
(3.5) Withdrawal
(3.6) Renewal
(4) Income assistance recipients
(5) Default under other orders
DOCUMENTS REQUIRED
53.0.1 Requirement for signed court order
53.0.2 Completed registration documents required
53.0.3 (1) Opting out of enforcement deemed
(2) Subsequent opting into enforcement
REFUSAL TO ENFORCE ORDER
53.0.4 Refusal to enforce order
53.1 Clarification of maintenance order
MAINTENANCE PAYMENTS TO DESIGNATED OFFICER
54 (1) Payments remitted to designated officer
(1.1) Payment to creditor
(1.2) When payment to creditor not issued
(2) Records
(2.1) Designated officer may specify manner of payment
(2.1.1) Interest
(2.1.2) Money received for creditor's benefit not attachable
(3) Certificate of designated officer
ENFORCEMENT BY 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
COURT ACTION
56 (1) Screening proceedings before the deputy registrar
(1.1) Debtor in default
(2) Action by deputy registrar
(3) Repealed
(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) Debtor in default
(2) Repealed
(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) Debtor to be brought before justice
(3) Release on undertaking
(4) Release on recognizance
(5) Order for detention
57.3 Appeal
58 Effect of imprisonment
SUPPORT DEDUCTION NOTICES
58.1 (1) Only designated officer may issue support deduction notice
(2) Continuing effect of support deduction notice
(3) All jointly held money bound by support deduction notice
(4) Response by person required to pay
(5) Copy of support deduction notice given to debtor
(6) Copy of notice given to joint money holders
(7) Person required to pay to remit deducted money
(8) Exemption
(9) Calculation of exemption if wages and pension benefits received
(10) Application to Queen's Bench by debtor to vary exemption
(11) Limitation on variation exemption
(12) Appeal of exemption order
(13) Order re appeal
(14) Enforcement against person required to pay
(15) Application to Queen's Bench to determine interests
(16) Time limit for application re jointly held money
(17) Notifying designated officer if debtor leaves employment
(18) Support deduction notice may be adjusted, etc.
(19) Duration of support deduction notice
(20) Priority of support deduction notice
(21) Deemed garnishment
(22) Crown bound
ADDITIONAL ACTIONS
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 Highway Traffic 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) Repealed
59.2 Where debtor 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 debtors
(4) Corporation obtains name and identifying information about claimant
(5) Corporation searches records about debtors
(6) If claimant listed in records about debtors
(7) Substitution of lottery prize
(8) Enforcement proceedings re lottery prize
(9) Confidentiality
(10) Immunity for acts in good faith
(11) Repealed
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
RECOVERY AND REMISSION OF ARREARS
61 (1) No time limitation on enforcement of arrears
(2) Death of debtor
(3) Death of creditor
(4) Remission of maintenance payments
IMMUNITY
61.1 Immunity for acts or omissions in good faith
SUSPENSION OF ENFORCEMENT OF MAINTENANCE
61.2 (1) Definition
(2) Application by debtor to suspend enforcement of maintenance payments
(3) Serving application for suspension order
(4) Criteria for initial suspension order
(5) Period and terms of suspension order
(6) Further suspension order if variation application
(7) Expiry of suspension order
(8) Application for further suspension order
(9) Further suspension order if serious harm
(10) Contents of suspension order under subsection (9)
(11) Previous enforcement actions not affected by suspension order
(12) Effect on existing support deduction notice or garnishing order
(13) Actions not affected by suspension order
(14) Terminating previous suspension order
PENALTIES AND COSTS
61.3 (1) Penalty assessed against debtor
(2) Penalty a debt owing
(3) Enforcing payment of penalty
(4) Application for remission of penalty
(5) Order for remission of penalty
61.4 (1) Recovery of costs by designated officer
(2) Enforcing payment of costs
(3) Application of money to costs
(4) Enforcement of costs owing
REGULATIONS
61.5 Regulations
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