This is an official version. Copyright © 2007: Queen's Printer, Important Information
Newfoundland
and Labrador
Child
Support Service Regulations (Filed Under the authority of section 85 of the Family Law Act, the Lieutenant-Governor in Council makes the following regulations. Dated at Robert C. Thompson REGULATIONS Analysis 1. Short title 2. Definitions 3. Child support service 4. Recalculation 5. Application in respect of defective service 6. Rounding to nearest dollar 7. Foreign currency conversion 8. No recalculation of special expenses 9. No recalculation where certain circumstances exist 10. Application for retroactive child support 11. Request by department 12. Where recalculation office unable to recalculate 13. NLR 9/02 Rep. 14. Commencement Short title 1. These regulations may be cited as the Child Support Service Regulations. Definitions 2. In these regulations (a) "Act" means the Divorce Act ( (b) "agreement" means an agreement as defined in section 61 of the Family
Law Act, that has been filed with the Trial Division of the Supreme Court
or the Unified Family Court in accordance with subsection 65(5) of the Act and
that requires (i) the payment of child support, and (ii) the annual recalculation of the child support payable under the
agreement in accordance with these regulations; (c) "child support order" means an order for the support of a child made by a court; (d) "child support service" means the child support service described in section 3; (e) "court" means the Trial Division of
the Supreme Court, the Unified Family Court, and the (f) "family justice services division"
means the family justice services division of the Supreme Court and the (g) "income information" means (i) a copy of the personal income tax return filed by a party for the most recent taxation year, and (ii) a copy of every notice of assessment and reassessment issued to the party for the most recent taxation year, or (iii) where the annual recalculation takes place before a party filing his or her income tax return for the most recent taxation year, another document acceptable to the recalculation office setting out the party's total income from all sources for that year; (h) "party" means (i) a person who is obligated to pay child support under a child
support order or an agreement, (ii) a person who is entitled to receive child support under a child support
order or an agreement, and (iii) the Department of Human Resources, Labour and Employment, in the
case of an assignment of a child support order under section 20.1 of the Divorce
Act (Canada) or subsection 40(7) of the Family Law Act; (i) "recalculation office" means the office referred to in section 3; (j) "registered mail" includes another form of mail delivery that provides proof of delivery with a signature; and (k) "table" means (i) the child support table set out in Schedule I of the Federal Child Support Guidelines for the province or territory in which the person who is required to pay child support resides, or (ii) where the residence of a person who is required to pay child support is not known at the time of recalculation, the table referred to in the most recent child support order or agreement. Child support service 3. (1) The
recalculation office, a service of family justice services division, is
designated as a child support service for the purpose of section 25.1 of the Divorce
Act (Canada) and subparagraph 85(a)(iii) of the Family Law Act. (2) The
duties of the recalculation office include (a) assisting
the court in the determination and administration of child support orders; (b) monitoring
compliance with child support orders requiring the periodic filing of income
information; (c) reviewing
and recalculating the amount of a child support order as set out in the
applicable table in accordance with sections 4 and 5; and (d) acting
on behalf of a party for the purpose set out in section 26 of the Federal
Child Support Guidelines and section 24 of the Child Support Guidelines
Regulations. Recalculation 4. (1) Where a person who is required to pay
child support under a child support order or an agreement provides the recalculation
office with income information in compliance with a child support order or an
agreement, the recalculation office shall review and recalculate the amount of
child support as set out in the applicable table using the income information
provided. (2) Where
a person who is required to pay child support under a child support order or an
agreement does not provide the recalculation office with income information in
compliance with a child support order or an agreement, or where income
information is not available and the order or agreement being recalculated so
indicates, the income of the person required to pay child support shall be considered
to be the sum of (a) the
person's income for the most recent preceding year in which (i) the person's income information was provided to the recalculation office
under the child support order or agreement, or (ii) a recalculation order was issued in respect of the child support
order or agreement, as determined using the person's income information or the amount
of the income set out in that recalculation order; and (b) 10
percent of the person's income as determined under paragraph (a). (3) Where,
as a result of the recalculation, the amount of child support would increase or
decrease by $5 or more a month, the recalculation office shall provide the
parties to the child support order with a notice of recalculation, stating that
(a) the amount of the child support order will be changed to the recalculated
amount; and (b) the obligation to pay the recalculated amount shall come into effect
31 days after the recalculation office receives confirmation that the notice of
recalculation was provided to all parties, unless, within 30 days after receipt
of the notice of recalculation, a party objects to the recalculation by filing
a notice of objection with the court that made the child support order. (4) Where,
as a result of the recalculation, the amount of child support would increase or
decrease by less than $5 a month, the recalculation office shall not
recalculate the order for that year, and shall notify the parties by regular
mail that there will be no change in the child support amount for that year. (5) The
recalculation office shall send a notice of recalculation under this section to
each of the parties by registered mail at the last known address of each of the
parties as shown in the records of the recalculation office. (6) Service
of a notice of recalculation under this section is effective on the date the receipt card for
registered mail is signed by the party or by another person on his or her behalf.
(7) Where
after 30 days from the date the notice of recalculation was sent to a party by
registered mail it is unclaimed or where it was returned because the party has
relocated and has not notified the recalculation office of a change of address
as required by the child support order or agreement, the party shall be considered
to have been served on the thirtieth day after the notice of recalculation was
sent to the party by registered mail, and the obligation to pay the
recalculated amount shall come into effect on the thirty first day after the
notice of recalculation was considered to have been served. (8) Where
a notice of objection under paragraph (3)(b) is filed objecting to the recalculation,
the amount of the child support order shall not change as a result of the
recalculation, but the court may, upon hearing the parties, issue an order for
the recalculated amount or another amount. (9) Where
a notice of objection under paragraph (3)(b) is not filed, the recalculation
office shall file a notice of the recalculation with the registrar or clerk of
the court and the court shall issue a child support order for the recalculated
amount. (10) Where
a notice of objection under paragraph (3)(b) is filed, (a) the
party filing the notice of objection shall serve the notice of objection on the
other party by registered mail or by personal service; (b) the
court shall notify the parties to the child support order by registered mail of
the date set for the hearing of the objection; and (c) on
the date set by the court for the hearing of the objection the court shall, where
the applicant has not served the other party and does not provide a reasonable
excuse for failing to do so, issue a child support order for the recalculated
amount. Application in respect of defective service 5. Where a party has been served with a document
by mail in accordance with these regulations and the party satisfies the court
that he or she was not aware of the document or that it came to his or her attention
only at some time later than when it was served or considered to have been
served, the court may make the order that it considers appropriate and fair in
the circumstances. Rounding to nearest dollar 6. When recalculating
child support under section 4, the recalculation office shall round the amount payable
to the nearest dollar. Foreign currency conversion 7. Where a person who
is required to pay child support under a child support order or an agreement
provides the recalculation office with income information that is reported in a
currency other than Canadian dollars, the recalculation office shall convert
the income information to Canadian dollars, applying the foreign currency
exchange rate as set by the Bank of Canada on the recalculation date set out in
the order or agreement. No recalculation of special expenses 8. Where a child support order or an agreement
provides for an amount to cover special or extraordinary expenses within the
meaning of section 7 of the Federal Child Support Guidelines or section 7
of the Child Support Guidelines Regulations, the recalculation office
shall not recalculate that amount. No recalculation where certain circumstances exist 9. The recalculation
office shall not recalculate the amount of child support payable under a child
support order or an agreement where (a) the
child to whom the order or agreement applies has attained the age of 19 years in
the case of the Family Law Act or 18
years in the case of the Divorce Act
(Canada) and the amount of child support has been determined in a manner other
than by applying the applicable table amount under the Federal Child Support
Guidelines or the Child Support Guidelines Regulations as if the
child were under the age of 19 years in the case of the Family Law Act or 18 years in the case of the Divorce Act (Canada); (b) in
the case of a person who stands in the place of a parent, the amount of child
support payable has been determined in a manner other than by applying the
applicable table amount under the Federal Child Support Guidelines or
the Child Support Guidelines Regulations as if the child were under the
age of 19 years in the case of the Family
Law Act or 18 years in the case of the Divorce
Act (Canada); (c) the
parties have a shared custody arrangement within the meaning of the Federal
Child Support Guidelines or the Child Support Guidelines Regulations;
(d) there
has been a determination of undue hardship and, as a result of that finding,
the amount of child support payable has been determined in a manner other than
by applying the applicable table amount under the Federal Child Support Guidelines
or the Child Support Guidelines Regulations as if the child were under
the age of 19 years in the case of the Family
Law Act or 18 years in the case of the Divorce
Act (Canada); (e) the
income of the person who is required to pay child support is greater than
$150,000 a year and the amount of child support payable has been determined in
a manner other than by applying the applicable table amount under the Federal
Child Support Guidelines or the Child Support Guidelines Regulations as
if the child were under the age of 19 years in the case of the Family Law Act or 18 years in the case
of the Divorce Act (Canada); or (f) the annual income of the person who is required to pay child
support has been determined in another manner than by using the sources of
income set out under the heading "Total Income" in the T-1 General
form issued by the Canada Revenue Agency and adjusted in accordance with
Schedule Application for retroactive child support 10. The existence of a
child support order or an agreement providing for the recalculation of child
support shall not preclude an application for retroactive child support. Request by department 11. Where the
Department of Human Resources, Labour and Employment requests, the recalculation
office shall provide a designated employee of the department with a copy of the
notice of recalculation referred to in section 4. Where recalculation office unable to recalculate 12. In an instance
where the recalculation office is unable to recalculate the amount of child
support payable under a child support order or an agreement, the recalculation
office may return the order or agreement to the originating court and indicate
why recalculation cannot take place. NLR 9/02 Rep. 13. The Western Child Support Service Regulations, Newfoundland and
Labrador Regulation 9/02, are repealed.
Commencement 14. These
regulations come into force on ©Earl G. Tucker, Queen's Printer |