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Newfoundland and Labrador
Regulation 2002


NEWFOUNDLAND AND LABRADOR REGULATION 9/02

NEWFOUNDLAND AND LABRADOR
REGULATION 9/02

Western Child Support Service Regulations
under the
Family Law Act
(O.C. 2002-014)

(Filed February 4, 2002)

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

Dated at St. John’s, February 4, 2002.

Deborah E. Fry
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Child support service

        4.   Recalculation with income information

        5.   Recalculation without income information

        6.   Service


Short title

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

Definitions

        2. In these regulations

             (a)  "child support order" means an order for the support of a child made by

                      (i)  a judge of the Supreme Court sitting in the judicial centre of Corner Brook or in a place served by that judicial centre, or

                     (ii)  a judge of the Provincial Court sitting in the judicial district of Corner Brook or Stephenville or in a place normally served by those judicial districts;

             (b)  "court" means

                      (i)  the Supreme Court sitting in the judicial centre of Corner Brook, or

                     (ii)  the Provincial Court sitting in the judicial district of Corner Brook or Stephenville or in a place normally served by those judicial districts;

             (c)  "party" means a person who is obligated to pay or entitled to receive child support under a child support order;

             (d)  "service" means the child support service designated under section 3; and

             (e)  "table" means a child support table set out in Schedule I of the Federal Child Support Guidelines enacted under the Divorce Act (Canada);

Child support service

        3. (1) Family Justice Services Western, a project of Community Mental Health Initiative Inc., is designated as a child support service for the purposes of the Family Law Act and the Child Support Guidelines Regulations.

             (2)  The duties of the service shall include:

             (a)  assisting the court in the 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 24 of the Child Support Guidelines Regulations.

Recalculation with income information

        4. (1) Where a person who is required to pay child support provides the service with income information in compliance with a child support order, the service shall review and recalculate the amount of child support as set out in the applicable table using the income information provided.

             (2)  Where as a result of the recalculation the amount of child support would increase or decrease by $5 or more per month, the service shall notify the parties to the child support order 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 service receives confirmation that the notice was provided to all parties, unless a party makes application to the court that made the child support order within 30 days after receipt of the notice objecting to the recalculation.

             (3)  Where an application is made under paragraph (2)(b) objecting to the recalculation, the amount of the child support order shall not change as a result of the recalculation, except that the court may upon hearing the application issue an order for the recalculated amount or another amount.

             (4)  Where the application under paragraph (2)(b) is made in the Supreme Court,

             (a)  the applicant shall serve the application on the other party by registered mail or by personal service; and

             (b)  on the date set by the court for the hearing of the application the court shall, if the applicant has not served the other party and does not provide a reasonable excuse for this, issue a child support order for the recalculated amount.

             (5)  Where the application under paragraph (2)(b) is made in the Provincial Court, the court shall notify the parties to the child support order by registered mail of the date set for the hearing of the application.

             (6)  Where an application objecting to the recalculation is not made under paragraph (2)(b), the service 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.

Recalculation without income information

        5. (1) Where a person who is required to pay child support does not provide the service with income information in compliance with a child support order or where the income information is not available, the service shall review and recalculate the amount of child support by applying the Consumer Price Index for Newfoundland and Labrador for the previous year as published by Statistics Canada.

             (2)  Where as a result of the recalculation the amount of child support would increase or decrease by $5 or more per month, the service shall notify the parties to the child support order 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 service receives confirmation that the notice was provided to all parties, unless a party makes application to the court that made the child support order within 30 days after receipt of the notice objecting to the recalculation.

             (3)  Where an application is made under paragraph (2)(b) objecting to the recalculation, the amount of the child support order shall not change as a result of the recalculation, except that the court may upon hearing the application issue an order for the recalculated amount or another amount.

             (4)  Where the application under paragraph (2)(b) is made in the Supreme Court,

             (a)  the applicant shall serve the application on the other party by registered mail or by personal service; and

             (b)  on the date set by the court for the hearing of the application the court shall, if the applicant has not served the other party and does not provide a reasonable excuse for this, issue a child support order for the recalculated amount.

             (5)  Where the application under paragraph (2)(b) is made in the Provincial Court, the court shall notify the parties to the child support order by registered mail of the date set for the hearing of the application.

             (6)  Where an application objecting to the recalculation is not made under paragraph (2)(b), the service 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

Service

        6. (1) A notice of recalculation of child support under section 4 or 5 may be sent by registered mail to the last known address of the parties.

             (2)  Service of a notice under this regulation by registered mail  may be proved by filing with the court an acknowledgement of receipt card or other confirmation of delivery provided by Canada Post, which may include confirmation of receipt by electronic means.