.png){kind=small}
C.C.S.M. c. F20
The Family Maintenance Act
Table of Contents
| 1 | Definitions | |
| 2 | Best interests test applies | |
| (2) | Child's views to be considered | |
| 3 | [Repealed] | |
| PART I | ||
| SPOUSES AND COMMON-LAW PARTNERS |
||
| 4 | Mutual support obligation | |
| (2) | Conduct | |
| (3) and (4) | [Repealed] | |
| 5 | Personal expenses | |
| 6 | Onus of self-support after separation | |
| 7 | Factors affecting order | |
| (2) | Domestic service as financial contribution | |
| 8 | Financial information | |
| (2) | Penalty for non-disclosure | |
| 9 | Application for order | |
| (2) | Effect of separation agreement | |
| (3) | Restricted application of subsection (2) | |
| (4) | Dum casta clauses inoperative | |
| 10 | 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 | 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 | Reconciliation | |
| (2) | Resumption of hearing | |
| 13 | [Repealed] | |
| 14 | (1) | [Repealed] |
| (2) | Restricting contact between cohabitees | |
| PART II | ||
| DETERMINING PARENTAGE | ||
| 15 | Definitions | |
| 16 | Date of conception | |
| 17 | Providing reproductive material | |
| 18 | Parentage to be determined by this Part | |
| (2) | References in enactments and instruments | |
| (3) | Exception | |
| 19 | Parentage if adoption | |
| 20 | Donor not automatically parent | |
| PARENTAGE IF SEXUAL INTERCOURSE | ||
| 21 | Parentage if sexual intercourse | |
| (2) | Presumption of parentage | |
| (3) | No presumption in certain cases | |
| PARENTAGE IF ASSISTED REPRODUCTION | ||
| 22 | Parentage if assisted reproduction | |
| (2) | Other parent | |
| (3) | Exception | |
| (4) | Exception re surrogacy | |
| DECLARATORY ORDER RE PARENTAGE — GENERAL | ||
| 23 | Declaratory order respecting parentage — general | |
| (2) | Notice | |
| (3) | No hearing if child placed for adoption | |
| (4) | Order | |
| (5) | Order if deceased | |
| (6) | Factors | |
| DECLARATORY ORDER — SURROGACY AGREEMENT | ||
| 24 | Entering into surrogacy agreement | |
| (2) | Agreement before conception | |
| (3) | Assisted reproduction | |
| (4) | Content of agreement | |
| (5) | Legal advice | |
| (6) | Shared parental responsibility | |
| (7) | Regulations | |
| 24.1 | Application for declaratory order — surrogate consents | |
| (2) | Two-day waiting period | |
| (3) | Conditions for making order | |
| (4) | Application within 30 days | |
| (5) | Agreement not evidence of consent | |
| 24.2 | Application for declaratory order — no consent | |
| (2) | Reasons for failure to consent | |
| (3) | Conditions for making order | |
| (4) | Declaratory order | |
| (5) | Effect of surrogacy agreement | |
| 24.3 | Effect of new evidence on a declaratory order | |
| (2) | Rights and property interests not affected | |
| 24.4 | Best interests of child | |
| 24.5 | Definition — "parentage test" | |
| (2) | Parentage test | |
| (3) | Consent required | |
| (4) | Capacity to consent | |
| (5) | Inference from refusal | |
| (6) | Cost | |
| 24.6 | No distinction between child born inside or outside marriage | |
| 24.7 | Void marriages | |
| (2) | Voidable marriages | |
| 24.8 | Orders to be filed with Vital Statistics | |
| (2) | Acknowledgment of parentage may be filed | |
| PART III | ||
| RECOGNITION OF EXTRA-PROVINCIAL DETERMINATION OF PARENTAGE | ||
| 25 | Definitions | |
| 26 | Recognition of orders made elsewhere in Canada | |
| 27 | Recognition of orders made outside Canada | |
| 28 | Exceptions | |
| 29 | 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" | |
| OBLIGATION TO SUPPORT CHILDREN | ||
| 36 | 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 | Financial disclosure | |
| (2) | Penalty | |
| CHILD SUPPORT ORDERS | ||
| 37 | 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 | Priority to child support | |
| (2) | Reasons | |
| (3) | Consequences of reduction or termination of child support order | |
| 37.2 | 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] | |
| CUSTODY AND ACCESS ORDERS | ||
| 39 | 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 | [Repealed] | |
| 39.1.1 | [Repealed] | |
| REGULATIONS | ||
| 39.2 | Regulations | |
| (2) | Guidelines | |
| (3) | [Repealed] | |
| 40 | [Repealed] | |
| PART V | ||
| PROCEDURE | ||
| 40.1 | Application of Division 1 | |
| 41 | Jurisdiction of Queen's Bench | |
| (2) | Jurisdiction of Provincial Court | |
| 42 | Practice and procedure | |
| 43 | Interim order | |
| 44 | Ex parte interim order | |
| 45 | Review of order | |
| 46 | Application to vary or discharge order | |
| (2) | Order to vary or discharge | |
| (3) | Effective date of order | |
| 46.0.1 | Compensatory payment | |
| 46.1 to 46.5 | [Repealed] | |
| 47 | Spouse a compellable witness | |
| (2) | Counsellor not a compellable witness | |
| 47.1 | Affidavits and transcripts | |
| 48 | Consent orders | |
| 49 | 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 | Penalty | |
| (1.1) | Penalty re order under clause 10(1)(c) or (d) | |
| (2) | Imposition of penalty | |
| 51 | Appeals | |
| (2) | Effect of appeals | |
| PART VI | ||
| ENFORCEMENT OF MAINTENANCE ORDERS |
||
| DEFINITIONS | ||
| 52 | Definitions | |
| COMMENCING ENFORCEMENT | ||
| 53 | 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 | Opting out of enforcement deemed | |
| (2) | Subsequent opting into enforcement | |
| CHANGING MAINTENANCE OBLIGATIONS BY AGREEMENT |
||
| 53.2 | Agreement to change maintenance obligations | |
| (2) | Form and content of agreement | |
| (3) | Agreement to be filed with designated officer | |
| (4) | Further changes to maintenance obligations | |
| (5) | Notice to court and the child support service | |
| (6) | No agreement if order assigned | |
| ADJUSTING INSTALMENT PAYMENTS AND OFFSETTING IF TWO DEBTORS |
||
| 53.3 | Adjusting instalment payments | |
| 53.4 | Offsetting of child support if two debtors | |
| REFUSING OR CEASING ENFORCEMENT | ||
| 53.5 | Refusal to enforce order | |
| 53.6 | Designated officer may interpret orders | |
| 53.7 | Clarification of maintenance order | |
| 53.8 | Creditor to notify designated officer of change in child status | |
| 53.9 | Eligibility review re maintenance for adult children | |
| (2) | Considerations | |
| (3) | Presumption if child 24 years of age or older | |
| (4) | Onus re adult child 24 years and older | |
| (5) | When creditor may be asked for information | |
| (6) | Debtor to provide information | |
| (7) | Creditor's response | |
| (8) | Ceasing enforcement if ineligibility | |
| (9) | Entitlement to information | |
| (10) | Notice of decision | |
| (11) | Designated officer may resume enforcement | |
| (12) | Creditor or debtor may apply to court | |
| 53.10 | Designated officer may enforce reduced maintenance | |
| 53.11 | Reduced maintenance according to table | |
| (2) | "Child support guidelines" defined | |
| NOTICE TO DIRECTOR OF ASSISTANCE | ||
| 53.12 | Notice to Director of Assistance | |
| MAINTENANCE PAYMENTS TO DESIGNATED OFFICER |
||
| 54 | 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 | 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) and (2.4.1) | [Repealed] | |
| (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 | [Repealed] | |
| EXAMINATION OF DEBTOR BY DESIGNATED OFFICER |
||
| 56.1 | Interpretation — debtor in default | |
| 56.2 | Examination of debtor by designated officer | |
| (2) | Action by designated officer | |
| (3) | Arrears due if debtor defaults | |
| ENFORCEMENT PROCEEDINGS BEFORE A JUDGE OR MASTER |
||
| 57 | Enforcement proceedings before judge or master | |
| (1.1) | [Repealed] | |
| (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 | |
| 57.1 | (1) | [Repealed] |
| (2) | Warrant by judge or master | |
| 57.2 | 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 | 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 | Filing order in Land Titles Office | |
| (2) | Exemptions | |
| (3) | Application of Garnishment Act | |
| 59.1 | Definition of "registrar" | |
| (2) | Notice of possible action under Highway Traffic Act | |
| (3) | Content of notice | |
| (4) | Service of notice | |
| (5) | [Repealed] | |
| (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 | Designated officer may apply for preservation order | |
| (2) | Criteria for preservation orders | |
| (3) | Preservation orders | |
| (4) | Order made without notice | |
| 59.4 | 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 | 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 | Appointment of receiver | |
| (2) | Appointment of receiver without formal application | |
| (3) | Exemptions under Garnishment Act | |
| 60.1 | 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 | No time limitation on enforcement of arrears | |
| (2) | Death of debtor | |
| (3) | Death of creditor | |
| (3.1) | Death of child | |
| (4) | Remission of maintenance payments | |
| IMMUNITY | ||
| 61.1 | Immunity for acts or omissions in good faith | |
| SUSPENDING ENFORCEMENT | ||
| 61.1.1 | Administrative suspension by the designated officer | |
| (2) | Six-month maximum | |
| (3) | Notice | |
| (4) | Creditor may provide information | |
| (5) | Review | |
| (6) | Notice of review decision | |
| (7) | Further requests | |
| (8) | End of suspension | |
| (8.1) | Entitlement to information | |
| (9) | Obligation to attempt out-of-court resolution | |
| 61.2 | 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 | Penalty assessed against debtor | |
| (2) | Penalty a debt owing | |
| (3) | Enforcing payment of penalty | |
| (4) and (5) | [Repealed] | |
| 61.3.1 | Creditor may opt out re penalties | |
| (2) | Waiver of penalties | |
| (3) | Effect of opting out or waiver | |
| 61.3.2 | Designated officer may cancel penalty | |
| (2) | Court may cancel penalty | |
| 61.4 | Recovery of costs by designated officer | |
| (2) | Enforcing payment of costs | |
| (3) | Application of money to costs | |
| (4) | Enforcement of costs owing | |
| (5) | Designated officer may reduce or cancel costs | |
| REGULATIONS | ||
| 61.5 | Regulations | |
| PART VII | ||
| GENERAL | ||
| 62 | Rights are additional | |
| 63 | Limitation period | |
| 64 | Definitions | |
| (2) | Order or agreement assignable | |
| (3) | Notice of assignment | |
| (4) | Rights of director | |