The Family Law Act governs applications for child, spousal and partner support in the Provincial Court. It should, however, be read in conjunction with the Child Support Guidelines Regulations, the Federal Child Support Guidelines Tables , the Child Support Service Regulations and the Spousal Support Advisory Guidelines . While the Act sets out the law with respect to who is entitled to apply for support and who is obligated to pay support, the Regulations provide a method by which the amount of child support, medical and dental insurance and special or extraordinary expenses payable can be determined. The Spousal Support Advisory Guidelines are not legislated in this province but the Court does refer to them to assist in determining the amount of spousal or partner support which is payable. The forms available on this site are used in applying for or responding to an application for a support order.
If you file an application for support at the Provincial Court, your application will be referred to the Family Justice Services Division. There, both you and the person from whom you are seeking support will be expected to participate in parent education sessions. You will also be given an opportunity to participate in alternative dispute resolution with a view to resolving the issues raised in the application without going through a court hearing. If your matter cannot be resolved at the Family Justice Services Division, it will be referred back to the Court for a case conference and then a hearing. If you do not attend at a case conference or a hearing, the Court can proceed in your absence. If you are responding to an application for support, you should ensure that you have sent all of the required financial information to the Court along with your response . The Schedules A, B, C and D included with the forms on this site can be attached to either an application or a response as necessary.
If you already have an agreement with respect to support, you may apply to the Court to file a consent order. If the form and content of your consent order are approved by a judge, the order will be signed and you will not be required to attend a court hearing. You may use either Form 8A or Form 8B for a consent order for support. Form 8B contains what is referred to as the standard recalculation clause.
Automatic annual recalculation of child support (there is no recalculation of spousal or partner support or special or extraordinary expenses) is authorized by the Child Support Service Regulations. The person paying child support is required to provide a copy of his or her Income Tax Return and Notice of Assessment or other suitable income information to the Recalculation Office by the date specified in the court order. That office will apply the appropriate child support guidelines table and determine if the amount of support payable should change. Notices are sent to both parties and where either or both parties object to the recalculated amount, they may complete the objection to recalculation form and file it with the Court. Please note that this is not the same as filing an application to vary a support order. The Court cannot vary a support order when hearing an objection to recalculation; it can only deal with the recalculated amount of support.