C.C.S.M. c. I60
The Inter-jurisdictional Support Orders Act
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 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 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) | Applicable law re child support |
(2) | Law of Manitoba applies re amount of child support | |
(3) | Applicable law re claimant support | |
13 | (1) | Order |
(2) | Retroactive effect | |
(3) | Type of payments under order | |
(4) | Where reasons required | |
(5) | Manitoba law presumed if order silent | |
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 | |
(3) | Applicable law re duration of support | |
(4) | Manitoba law applied | |
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 foreign court | |
(5.1) | Default foreign order | |
(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 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 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) | Applicable law re child support |
(2) | Manitoba law applies re amount of child support | |
(2.1) | Child support tables included in Manitoba laws | |
(3) | Applicable law re support other than for child | |
32 | (1) | Order |
(2) | Retroactive effect | |
(3) | Type of payments under order | |
(4) | Where reasons required | |
(5) | Manitoba law presumed if order silent | |
33 | (1) | Order where notice not complied with |
(2) | Where respondent does not appear | |
34 | Forwarding order to reciprocating jurisdiction | |
DIVISION 3 | ||
VARYING CERTAIN SUPPORT ORDERS | ||
34.1 | Application of Division | |
35 | (1) | Jurisdiction of Manitoba court |
(2) | Family Maintenance Act applies | |
(3) | Notice of application to designated authority | |
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 | |
37.1 | (1) | Request to locate made to designated officer |
(2) | Advising if person located | |
37.2 | Information confidential | |
38 | (1) | Transmission of documents |
(2) | Translation | |
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) to (5) | Repealed | |
44.1 | (1) | Transitional re subsection 10(3) |
(2) | Transitional re section 12 | |
(3) | Transitional re subsection 30(3) | |
(4) | Transitional re section 31 | |
PART 6 | ||
CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE | ||
45 to 47 | ||
48 | Repeal | |
49 | C.C.S.M. reference | |
50 | Coming into force |