NEWFOUNDLAND AND LABRADOR REGULATION 50/07

NLR 40/98
as amended

1. Section 19 of the Child Support Guidelines Regulations is repealed and the following substituted:

Application for child support

19. (1) An applicant for a child support order whose income information is necessary to determine the amount of the order shall provide to the court and the opposing respondent

(a) a copy of every personal income tax return filed by him or her for each of the 3 most recent taxation years;

(b) a copy of every notice of assessment and reassessment issued to him or her for each of the 3 most recent taxation years;

(c) where he or she is an employee, the most recent statement of earnings indicating the total earnings paid in the year to date, including overtime or, where a statement is not provided by the employer, a letter from his or her employer setting out that information including his or her rate of annual salary or remuneration;

(d) where he or she is self employed, for the 3 most recent taxation years

(i) the financial statements of his or her business or professional practice, other than a partnership, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to or on behalf of, persons or corporations with whom he or she does not deal at arm's length;

(e) where he or she is a partner in a partnership, confirmation of his or her income and draw from, and capital in, the partnership for its 3 most recent taxation years;

(f) where he or she controls a corporation, for the 3 most recent taxation years

(i) the financial statements of the corporation and its subsidiaries, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation, and every related corporation, does not deal at arm's length;

(g) where he or she is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust's 3 most recent financial statements; and

(h) where the parent receives income from employment insurance, social assistance, a pension, workers' compensation, disability payments or other source, the most recent statement of income indicating the total amount of income from the applicable source during the current year, or if such a statement is not provided, a letter from the appropriate authority stating the required information.

(2) A person who is served with an application for a child support order and whose income information is necessary to determine the amount of the order, shall, within 30 days after the application is served if the person resides in Canada or the United States or within 60 days if he or she resides elsewhere, or the other time limit that the court specifies, provide the court as well as the applicant or another person, if there is one, with the documents referred to in subsection (1).

(3) Where, in the course of proceedings in respect of an application for a child support order, an applicant requests an amount to cover expenses referred to in subsection 7(1) or pleads undue hardship, the applicant shall, within 30 days after the amount is sought or undue hardship is pleaded if the applicant resides in Canada or the United Statues or within 60 days if he or she resides elsewhere, or the other time limit that the court specifies, provide the court and the respondent with the documents referred to in subsection (1).

(4) Where, in the course of proceedings in respect of an application for support of a child, it is established that the income of the parent who would be paying the amount of child support is greater than $150,000, the other parent shall, within 10 days after the income is established to be greater than $150,000 if the other parent resides in the province, within 30 days if the other parent resides in another province of Canada or in the United States of America or within 60 days if the other parent resides elsewhere, or the other time limit that the court specifies, provide the court and the parent with the documents referred to in subsection (1).

(5) Nothing in this section precludes the making of rules by a competent authority respecting the disclosure of income information that is considered necessary for the purposes of the determination of an amount for an order for support of a child.

(6) In this section

(a) "applicant" means a parent or other person who applies under Part III of the Act for an order for support of a child;

(b) "application" means an application for an order for support of a child made under Part III of the Act; and