NEWFOUNDLAND AND LABRADOR REGULATION 17/18

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

How to Serve the Other Party

Instructions

An Affidavit of Service (Form F8.03A) is a form that you can use to prove to the Court that the other person received your document. This is called proof of service.

When to use an Affidavit of Service

You must complete an Affidavit of Service if:

1) You are serving one of the following documents:

· Originating Application (Form F4.03A) involving divorce or parenting (custody/access)

· Originating Application for Variation (Form F5.05A) involving parenting (custody/access)

· Response (Form F6.02A) making a claim for divorce or parenting (custody/access)

· Notice of Contempt Application

· A pleading, order, or other document served on a person who is not a party (eg. subpoena)

· Notice of Application or Notice of Default Hearing in which the person to be served faces a possibility of imprisonment

· The hearing date on an Emergency Interim Application (Form F17.03A)

· Where personal service is otherwise required by law

2) You are serving one of the following documents by leaving a copy at the other persons address (and mailing another copy to that address on the same day or the following day):

· Originating Application (Form F4.03A) NOT involving divorce or parenting (custody/access)

· Originating Application for Variation (Form F5.05A) NOT involving parenting (custody/access)

· Response (Form F6.02A) NOT making a claim for divorce or parenting (custody/access)

3) A judge asks or orders you to prove service with an Affidavit of Service.

If none of the above applies to you, you can prove service with a delivery confirmation, a reply e-mail, a copy of the document with the recipient's lawyer's endorsement on it, or an Acknowledgement of Service (Form F8.04A), signed by the person who received the document.

Personal Service (Hand Delivery)

“Personal Service” or “hand delivery” means that the documents must be handed to the other party in person by an adult other than yourself. If the other person has received your document by personal service, you must file an Affidavit of Service.

Personal Service can be done in 2 ways:

1) By any other person (other than yourself) who is 19 years of age or older. That other person must hand the documents to the recipient. If he/she will not accept the documents, the other person can put the documents down in front of him/her.

2) By a process server. Process servers are independent, professional servers who charge a fee for service.

If you cannot personally serve the other party for any reason, you can apply for permission to serve the documents another way. You may make an Interim Application for a Procedural Order (Form F16.03A) to apply for substituted service.

Completing an Affidavit of Service

The person who served the document must be the one to fill out the Affidavit of Service. He/she can do this by hand or electronically: www.court.nl.ca/supreme/family/forms.html

That person must sign the Affidavit in front of a commissioner of oaths, notary public, justice of the peace, or a lawyer. Court Registry staff are commissioners of oaths and the person who served the document may sign this application at the Court.

Filing an Affidavit of Service with the Court

It is your responsibility to make sure that the Affidavit of Service is filed with the Court. To file the Affidavit of Service, you (or the person who served the document) must bring the Affidavit to the Supreme Court location where your file is or you can mail the Affidavit to that location.

More Information

Questions? Go to www.court.nl.ca/supreme/family or contact a Court near you:

Corner Brook: (709) 637-2227

Gander: (709) 256-1115

Grand Bank: (709) 832-1720

Grand Falls-Windsor: (709) 292-4260

Happy Valley-Goose Bay: (709) 896-7892

St. John's: (709) 729-2258

--- It is highly recommended that you get advice from a lawyer ---

If you need help finding a lawyer, you can contact:

Public Legal Information Association of NL (PLIAN): www.publiclegalinfo.com or 1 (888) 660-7788

Legal Aid: www.legalaid.nl.ca or 1(800) 563-9911

Form F8.03A: Affidavit of Service (Family Law)

In the Supreme Court of Newfoundland and Labrador (General/Family)	FOR COURT USE ONLY
	COURT FILE NO:

	CENTRAL DIVORCE REGISTRY NO:

	Filed at _____________________________ , Newfoundland and Labrador, this ________ day of __________________, 20______.
		Registry Clerk of the Supreme Court of Newfoundland and Labrador

BETWEEN:		APPLICANT
	(Print full name)
AND:		RESPONDENT
	(Print full name)
AND:		¨ NOT APPLICABLE ¨ SECOND APPLICANT ¨ SECOND RESPONDENT
	(Print full name)	¨ NOT APPLICABLE ¨ SECOND APPLICANT ¨ SECOND RESPONDENT

I declare that I,

, of

(Print your name)

(City and Province)

served

(Name of person served)

(Date: month/day/year)

with a copy of the following documents:

(Address of service)

Originating Application

Originating Application for Variation

Response

Financial Statement

Property Statement

Other (Specify):

I served this person in this manner:

Personal Service (hand delivery)

Left a copy of the documents with the person's lawyer

Registered mail, certified mail, or courier

Left a copy of the documents at the person's address

Other (Specify):

For personal service:

I was able to identify the person in this manner:

I know the person

He/She admitted to being this person

Other:

SWORN TO or AFFIRMED at _______________________, this _________ day of _________________ , 20_____ .

Signature

Signature of Person Authorized to Administer Oaths

F34.02A: Consent Order – Support (Family Law)

In the Supreme Court of Newfoundland and Labrador (General/Family)	FOR COURT USE ONLY
	COURT FILE NO:

	CENTRAL DIVORCE REGISTRY NO:

	Filed at _____________________________ , Newfoundland and Labrador, this ________ day of __________________, 20______.
		Registry Clerk of the Supreme Court of Newfoundland and Labrador

BETWEEN:		¨ APPLICANT ¨ CO-APPLICANT
	(Print full name)	¨ APPLICANT ¨ CO-APPLICANT
AND:		¨ RESPONDENT ¨ CO-APPLICANT
	(Print full name)	¨ RESPONDENT ¨ CO-APPLICANT
AND:		¨ NOT APPLICABLE ¨ SECOND APPLICANT ¨ SECOND RESPONDENT ¨ CO-APPLICANT
	(Print full name)

BEFORE the Honourable Justice		, on	.
	(Print Name)		(Date: month/day/year)


o	Final Order on Consent	o	Interim Order on Consent

__________________________________________________________________________________________________________________________________________________

IT IS ORDERED THAT under the:

¨	Family Law Act (Newfoundland and Labrador):
¨	Divorce Act (Canada):
¨

Child Support

Basic Table Amount

The parties agree to an amount of child support according to the basic table amount as per the

Child Support Guidelines of (province) ______________________________________________ as follows:

Payment amount: $ _________________ Payor's annual income: $ ________________

To be paid: (eg. 1^st day of every month, weekly, etc.) ____________________________________________

Paid by: (name) ______________________________ to: (name) __________________________________ For the following child(ren): (names and dates of birth)____________________________________________ _______________________________________________________________________________________

Commencement date: (month/day/year) ______________________________________________________

Amount Different from the Basic Table Amount (o Shared Parenting or o Split Parenting)

The parties agree to an amount of child support that is different from the Child Support Guidelines of (province) ______________________________________________ as follows:

Applicant or Co-Applicant 1's annual income: $ _________________

Payment amount: $ ________________

Paid by: (name) ______________________________ to: (name) __________________________________

For the following child(ren): (names and dates of birth)____________________________________________ _______________________________________________________________________________________

Commencement date: (month/day/year) ______________________________________________________

--- AND ---

Respondent or Co-Applicant 2's annual income: $ __________________

Payment amount: $ ________________

Paid by: (name) ______________________________ to: (name) __________________________________

To be paid: (eg. 1^st day of every month, weekly, etc.) ____________________________________________

For the following child(ren): (names and dates of birth)____________________________________________ _______________________________________________________________________________________

Commencement date: (month/day/year) ______________________________________________________

--- SET OFF (if split parenting) or AMOUNT (if shared parenting) ---

Payment amount: $ ________________

Paid by: (name) ______________________________ to: (name) __________________________________ To be paid: (eg. 1^st day of every month, weekly, etc.) ____________________________________________

Commencement date: (month/day/year) ______________________________________________________

Amount Different from the Basic Table Amount

The parties agree to an amount of child support that is different from the Child Support Guidelines of (province) ______________________________________________ as follows:

Payment amount: $ ________________

To be paid: (eg. 1^st day of every month, weekly, etc.) ____________________________________________

Commencement date: (month/day/year) ______________________________________________________

Payor's annual income: $ _________________ Recipient's annual income: $ __________________

Reason or further details:

Special and/or Extraordinary Expenses

The parties agree to an amount of special and/or extraordinary expenses as follows:

Child's Name and date of birth	Description of Expense	Total Amount of Expense (per month)	Payor's Share or Contribution ($ or %) (per month)	Frequency of Payment	Commence-ment Date (month/day/year)
		$
		$
		$
		$
		$

Other special expenses and/or details:

Paid by: (name) ______________________________ to: (name) __________________________________

Payor's annual income: $ __________________ Recipient's annual income: $ __________________

¨ Parties will send receipts to Support Enforcement.

Retroactive Child Support

The parties agree to an amount of retroactive child support as follows:

Payment amount: $ __________________ per month OR $____________________ lump sum

Paid by: (name) ______________________________ to: (name) _________________________________ , representing the payor's child support obligations from (date: month/day/year) ________________________ to (date: month/day/year) ________________________

For the following child(ren): (names and dates of birth) ___________________________________________

Commencement/Payment date: (month/day/year) _______________________________________________

Arrears

The parties agree that the outstanding child support amount owed, fixed at (arrears) $ __________________ as of (date) (month/day/year) _____________________________________ , shall be paid as follows:

Payment amount: $ ________________ per month OR $__________________ lump sum

Paid by: (name) __________________________________________________________________________

to: (name or agency, if assigned) ___________________________________________________________

For the following child(ren): (names and dates of birth)____________________________________________

Commencement/Payment date: (month/day/year) _______________________________________________

Disclosure (Payor)

Pursuant to section 25 of the Federal Child Support Guidelines (Canada) (or section 23 of the provincial Child Support Guidelines Regulations), (name) _____________________________________ shall provide a copy of the his/her income tax return and notice of assessment to (name) ________________________________ on or before (date: month/day/year) ________________ each year, commencing in the year _____________.

Disclosure (Recipient) (if applicable)

Support Enforcement

All amounts owing under this Order shall be paid directly to the Director of Support Enforcement at:

Support Enforcement Division

P.O. Box 2006

Corner Brook, Newfoundland and Labrador A2H 6J8

This order shall be enforced by the Director of Support Enforcement pursuant to the Support Orders Enforcement Act, 2006, SNL 2006, Chapter S-31.1, unless the Order is withdrawn from the Director, pursuant to s.7 of the Act.

Support Recalculation

(You can only check this box if all parties have agreed to basic table amount of child support and either primary residence parenting or split parenting.)

The amount of child support shall be reviewed each year and, where necessary, will be recalculated by the Recalculation Office in accordance with the Administrative Recalculation of Child Support Regulations.

Commencement Date OF CHILD SUPPORT:

(a) The commencement date of child support pursuant to this order is the _____ day of (month) _____________ of (year) _______.

Review Date:

(b) The child support amount will be reviewed one year after the date set out in clause (a) above. The next review date for the child support obligation is the _____ day of (month) _____________ of (year) ________.

Income Information Requirements and Due Date:

(i) Personal income tax return for the most recent taxation year; and

(ii) Notice of assessment and any reassessments for the most recent taxation year; or

(iii) other document(s) acceptable to the Recalculation Office.

(d) The income information must be provided to the Recalculation Office not later than 45 days before the review date at:

Recalculation Office

9th floor, Sir Richard Squires Building

P.O. Box 2006, Corner Brook, NL A2H 6J8

Tel: (709) 634-4172 | Fax: (709) 634-4155

E-mail: recalculation@gov.nl.ca

Recalculation – Where income information is provided

(e) If satisfactory income information is received by the Recalculation Office at least 45 days before the review date, the Recalculation Office will issue a Recalculation Notice setting out the proposed recalculated child support amount.

(f) If, as a result of the recalculation, the amount of child support would increase or decrease less than $5.00 per month, the Recalculation Office will not recalculate the amount of child support. The Recalculation Office will notify the parties that there will be no change for that year.

Recalculation – Where income information is not provided

(g) If satisfactory income information is not received by the Recalculation Office at least 45 days before the review date, the Recalculation Office will issue a Recalculation Notice setting out the proposed recalculated child support amount. This amount will be:

(i) the income amount on which the most recent child support order, agreement, or Recalculation Notice was based; plus

(ii) 20% of the payor's income as determined under (g)(i) above.

Effective Date of Recalculated Amount

(h) Unless a Notice of Objection is filed, the recalculated amount of child support stated in the Recalculation Notice will come into effect on the date set out in the Recalculation Notice. The Recalculation Office will file a copy of the Recalculation Notice with the court that made the child support order (or where the agreement is filed) and the Support Enforcement Agency.

(i) The recalculated amount of child support is payable to the Support Enforcement Agency:

Support Enforcement Division

2nd floor, Sir Richard Squires Building

P.O. Box 2006, Corner Brook, NL A2H 6J8

Tel: (709) 637-2608

Objection to Recalculation

(j) If a party objects to the change in child support amount in the Recalculation Notice, the party must file a Notice of Objection with the court that made the child support order, or where the agreement was filed. The party must also provide a copy of the Notice of Objection to the Recalculation Office.

(k) The Notice of Objection must be filed within 30 days after the Notice of Recalculation is deemed to be received

(l) If a Notice of Objection is filed, no change shall be made to the amount of child support payable unless:

(i) a court order is made at the conclusion of the objection hearing; or

(ii) the Notice of Objection is withdrawn before the objection hearing, in which case the recalculated amount of child support is considered to have come into effect on the date set out in the Recalculation Notice..

Change of Contact Information

Parties must notify the Recalculation Office of any change to their mailing address, email address, telephone number, or fax number within 10 days of the change.

Other:

Spousal, Partner, Parental, or Dependant Support

¨	No Spousal, Partner, Parental, and/or Dependant Support The parties agree that there will be no spousal, partner, parental, and/or dependant support to either party.

Ongoing Support

The parties agree to an amount of:

¨ Spousal support

¨ Parental support

¨ Partner support

¨ Dependant support

as follows:

Payment amount: $ _________________ per month

Paid by: (name) ______________________________ to: (name) __________________________________ For the following person(s): (names) _________________________________________________________

Commencement date: (month/day/year) _______________________________________________________ Duration (if applicable): __________________________________________________________________

Review date (if applicable): (month/day/year) __________________________________________________

Nature of Review (if applicable): __________________________________________________________

Retroactive Support

The parties agree to an amount of retroactive:

¨ Spousal support

¨ Parental support

¨ Partner support

¨ Dependant support

as follows:

Payment amount: $ _________________ per month

Paid by: (name) _________________________ to: (name) ___________________________ , representing the payor's support obligations from (date: month/day/year) ________ to (date: month/day/year) __________

For the following person(s): (names) _________________________________________________________

Commencement date: (month/day/year) _______________________________________________________

Arrears

The parties agree that the outstanding support amount owed, fixed at (arrears) $ ______________________ as of (date: month/day/year) ________________________________________ , shall be paid off as follows:

Payment amount: $ ________________________ per month OR $________________________ lump sum

Paid by: (name) __________________________________________________________________________

to: (name or agency, if assigned) ___________________________________________________

Commencement/Payment date: (month/day/year) _______________________________________________

The parties agree to the financial arrangement for support as follows:

Consent Signatures (if applicable)

If applicable, both parties must sign the Consent Order in front of a commissioner of oaths, notary public, justice of the peace, or lawyer. Court Registry staff are commissioners of oaths and you may sign this Consent Order at the Court when you file it.

Applicant (or Co-Applicant)		Respondent (or Co-Applicant)
DATE (month/day/year):________________________		DATE (month/day/year):________________________

Signature of Applicant (or Co-Applicant)		Signature of Respondent (or Co-Applicant)

Address of Applicant (or Co-Applicant)		Address of Respondent (or Co-Applicant)

Signature of Person Authorized to Administer Oaths		Signature of Person Authorized to Administer Oaths
Applicant's (or Co-Applicant's) Lawyer (if any)		Respondent's (or Co-Applicant's) Lawyer (if any)
DATE (month/day/year):________________________		DATE (month/day/year):________________________

Signature of Lawyer		Signature of Lawyer

Print name of Lawyer		Print name of Lawyer

_____________________________________________________________________________________________

FOR COURT USE ONLY

Order Issued at:

Location: Supreme Court in ________________________________________, Newfoundland and Labrador

Date: __________________________________________________________________________________

_______________________________________________________________________________________

Justice or Registry Clerk of the Supreme Court of Newfoundland and Labrador