The Family Maintenance Act

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3 [Repealed]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(3) and (4) [Repealed]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13 [Repealed]
14 (1) [Repealed]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 King's Bench
(2) Jurisdiction of Provincial Court
42 Practice and procedure
42.1 [Renumbered as section 47.1]
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
53.0.4 [Renumbered as section 53.5]
53.1 [Renumbered as section 53.7]
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 K.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 King'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 King'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 King'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