R.S.M. 1987, c. F20

The Family Maintenance Act

Back to the Act

Table of Contents

1		Definitions.
2		Best interests test applies.
	(2)	Child's views to be considered.
3		Court may direct investigation.
	(2)	Investigation only to determine best interests.
	(3)	Refusal to co-operate.
PART I SPOUSES
4		Mutual support obligation.
	(2)	Conduct
	(3)	Obligation where cohabit for five years.
	(4)	No application where spouses agree.
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 subsec. (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.
11		Orders under Child Custody Enforcement Act.
12		Reconciliation.
	(2)	Resumption of hearing.
13		Occupancy of family residence.
	(2)	Postponement of sale.
	(3)	Right of occupancy restricted.
14		Unmarried cohabitation.
	(2)	Entering upon premises.
PART II CHILD STATUS
15		Definitions.
16		Void and voidable marriage.
17		Person is child of parents.
18		Application.
19		Declaration.
	(2)	Order.
20		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		Blood tests.
	(2)	Incapacity.
	(3)	Inference from refusal.
22		Order to be recognized.
	(2)	New evidence.
	(3)	Effect of new order.
23		Presumption of paternity.
24		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		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
36		Obligation to support children.
	(2)	Child of spouse.
	(3)	Child of common law spouse.
	(4)	Person standing in loco parentis.
	(5)	Support beyond age 18.
37		Factors affecting order.
38		Application for order.
39		Joint rights of parents in children.
	(2)	Either parent may apply for custody of child.
	(3)	Evidence re conduct of parent
	(4)	Access of parent to school and medical records.
40		Order.
PART V PROCEDURE
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.
47		Spouse a compellable witness.
	(2)	Marriage counsellor not a compellable witness.
48		Consent orders.
49		Information as to address.
	(2)	Compliance with the order.
	(3)	Crown bound.
50		Penalty.
	(2)	Imposition of penalty.
51		Appeals.
	(2)	Effect of appeals.
PART VI ENFORCEMENT OF MAINTENANCE ORDERS
52		Definitions.
53		Automatic application of enforcement provisions.
	(2)	Non-application to prior orders or lump sum orders.
	(3)	Subsequent opting into or out of enforcement provisions.
	(4)	Social allowance recipients.
	(5)	Default under Divorce Act orders, etc.
54		Remittance of payments to designated officer.
	(2)	Records.
	(3)	Certificate of designated officer.
55		Action in cases of default.
	(2)	Information from various sources.
	(3)	Crown bound.
	(4)	Enforcement proceedings.
56		Screening proceedings before the deputy registrar.
	(2)	Action by deputy registrar.
	(3)	Warrant.
	(4)	Notice of interim order.
	(5)	Hearing.
57		Enforcement proceedings before judge or master.
	(2)	Summons.
	(3)	Enforcement hearing.
	(4)	Additional penalties.
	(5)	Disposition of security.
	(6)	Imprisonment for default in security.
	(7)	Appeal to judge.
	(8)	Late payment hearing.
58		Effect of imprisonment.
59		Filing order in Land Titles Office.
	(2)	Exemptions.
	(3)	Application of Garnishment Act
60		Appointment of receiver.
	(2)	Appointment of receiver without formal application.
	(3)	Exemptions under Garnishment Act
61		No limitation on arrears.
	(2)	Death of maintenance debtor.
	(3)	Death of recipient.
	(4)	Remission of maintenance payments.
PART VII GENERAL
62		Rights are additional.
63		Limitation period.
64		Orders assignable.
	(2)	Notice to persons affected.
	(3)	Payments made to Executive Director.