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C.C.S.M. c. I60
The Inter-jurisdictional Support Orders Act
| DEFINITIONS AND COURT DESIGNATION | ||
| 1 | Definitions | |
| 2 | Designation of court | |
| CLAIMS WHERE NO ORDER EXISTS | ||
| 3 | Definition | |
| 4 | Application of Part 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 | |
| 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 | |
| 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 | |
| VARIATION OF A SUPPORT ORDER | ||
| 23 | Definitions | |
| 24 | Restrictions | |
| 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 | |
| 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 | |
| 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 | |
| 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 | |
| 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 | |
| CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE | ||
| 45 to 47 | ||
| 48 | Repeal | |
| 49 | C.C.S.M. reference | |
| 50 | Coming into force | |