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NEWFOUNDLAND AND LABRADOR
REGULATION 31/07

Child Support Service Regulations
under the
Family Law Act
(O.C. 2007-081)

Amended by:

2009 c16 s9
2013 c16 s26

NEWFOUNDLAND AND LABRADOR
REGULATION 31/07

Child Support Service Regulations
under the
Family Law Act
(O.C. 2007-081)

(Filed March 6, 2007 )

Under the authority of section 85 of the Family Law Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. Johnís , March 5, 2007 .

Robert C. Thompson
Clerk of the Executive Council

REGULATIONS

Analysis



Short title

††††††† 1. These regulations may be cited as the Child Support Service Regulations .

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Definitions

††††††† 2. In these regulations

†††††††††††† (a) "Act" means the Divorce Act (Canada ) or the Family Law 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 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 and the Provincial Court ;

††††††††††††† (f) "family justice services division" means the family justice services division of the Supreme Court and the Provincial Court ;

†††††††††††† (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 partyís 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.

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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 .

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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 personís income for the most recent preceding year in which

††††††††††††††††††††† (i) the personís 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 personís income information or the amount of the income set out in that recalculation order; and

†††††††††††† (b) 10 percent of the personís 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 da t e 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 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.

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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.

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Rounding to nearest dollar

††††††† 6. When recalculating child support under section 4, the recalculation office shall round the amount payable to the nearest dollar.

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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.

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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.

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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 III to the Federal Child Support Guidelines or Schedule B of the Child Support Guidelines Regulations .

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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.

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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.

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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.

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NLR 9/02 Rep.

††††† 13. The Western Child Support Service Regulations , Newfoundland and Labrador Regulation 9/02 , are repealed.

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Commencement

††††† 14. These regulations come into force on April 1, 2007 .

31/07 s14