For many families one of the hardest parts of life to deal
with is money. When a family splits up or the parents of a child don't live together,
sorting out questions about family support, or maintenance, can be difficult. When one of the partners is in a different
province, territory, or country, a whole new set of challenges is created.
That’s why The
Inter-jurisdictional Support Orders Act exists.
The Act gives you a way to ask a court to decide about the financial support part
of your family relationship, even though the other person lives outside
Manitoba in a "reciprocating
jurisdiction". The forms are a way to organize the information the court needs. The FormSupport guides will help you prepare your
application.
What’s a reciprocating
jurisdiction?
Manitoba has agreements
with many different places to honour and recognize each other’s support laws and
orders. They include all the Canadian
provinces and territories, all of the United States, and several other foreign countries. These agreements mean that a person
can start an application in Manitoba
and an order can be made, or changed, or enforced, where the other person lives. The order is ‘good’ in both places. You can contact the Designated Authority
at Manitoba Justice to find out if a particular foreign country is a
"reciprocating jurisdiction".
[Toll Free in
Manitoba: 1-800-282-8069 (Ext. 0268). In
Winnipeg and outside
Manitoba: (204) 945-0268].
Canadian provinces and
territories have developed standard laws and forms for the whole country. These laws will be in effect in some provinces and
territories sooner than in others. Because of
this, there may be some additional requirements where the new law is not yet in effect in
the province or territory where the other person in your case lives. Some foreign
reciprocating jurisdictions, such as the United States and other foreign countries, may also have additional requirements. You should contact the Designated Authority at the
number listed above to find out if any additional documents or procedures are required for
your application.
Will this apply to my case?
Probably.
But it may not. If the other person is
in one of the ‘reciprocating jurisdictions’, you can use the forms, but in some
circumstances as mentioned above, there may be additional requirements. Your application must be about support
(maintenance). Applications about custody or property, for example, cannot be dealt with
through this process.
If you and the other
person are divorced and you want to change an order made under Canada’s Divorce Act, this is not the application for you. The Divorce Act is a federal law. It has its own rules about making and changing its
orders. You may wish to talk to a lawyer if you want to change your Divorce Act order.
Are there other ways of
doing this?
Yes, there are. If both of you agree, you can choose to apply to
one court, or another. It’s as though you
both lived in one province, territory, or country. This
is often difficult to do without a lawyer. The order could then be ‘registered’
in the other place. When registered, the order
has the same effect as if it is made in both places. This
is another thing that ‘reciprocating jurisdictions’ have agreed to do.
Or, if you both agree,
you can write a formal agreement. If you decide to do this, you may wish to talk to a
lawyer to make sure that the agreement can be ‘registered’ in both places, and
will be legal and enforceable both in Manitoba and in the jurisdiction where the other person lives.
Mediation
may also be an option for you. Usually,
mediation happens when both people can sit down together with a mediator. With the two of you in different places, it may be
more difficult to arrange this. But if you and
the other person want to come to your own agreement about support, you can contact Family
Mediation Services to see if mediation could work for you.
* * *
Isn’t there an easier
way to do this?
Unfortunately, no. You are asking a court in a different province,
territory, or country to make an order for you. To
do that the court needs evidence. You are not
going to be there, so your documents will speak for you.
The forms that you fill out are designed to help you in putting all of the
information that the judge in the other jurisdiction will want to know. Putting the
documents together is not something you can do in an evening. You must decide whether you want to put in the time
and effort to give the court what it needs. The FormSupport guides are to help you. If you have legal questions, you may need to talk
to a lawyer.
Getting started
The first step is to look at the charts
below this section. The first one is about the
forms you need to make a support application. It
lists the types of support, and the forms for each type.
You should make an extra copy of each of the forms, and will need one copy of the
matching FormSupport guide. Mark one copy of
each of the forms as your ‘working’ copy. Put
the other copy aside – it is your ‘good’ copy.
Below each chart there
are examples. They may help you decide if you
have the right forms for your application.
* * *
FOR SUPPORT
Use this part if you do not have a support (maintenance) order now.
If your claim is for |
Fill out Form(s) |
Any application for support |
A and B |
A determination that the respondent is the parent of
the child(ren) named in your application. This
is about ‘parentage’. The court will
want to declare (include in the order) that the other person is a parent who has a duty to
support a child. See the guide for Form C to
find out if you need Form D for your application. |
C, and D if necessary. |
Child support |
E and F |
That the respondent obtain and maintain medical
and/or dental insurance coverage for the child(ren) and/or yourself |
E and F |
Child support for a child over the age of majority
(age 18 in Manitoba) |
G and L (1 form for each child) |
Child support if you and the respondent have split,
or shared, custody |
G |
Child support if you are making a claim for an order
that is not according to the child support guidelines tables, because that amount would
cause you or the child(ren) undue hardship |
G |
Child support, when the respondent makes over
$150,000 per year |
G |
Special expenses, for childcare, health, insurance,
extracurricular, or education expenses for a child or children |
H |
Support for yourself |
J and F |
If you choose any of Forms G, H, or J |
K |
Examples
Cathi is asking for an order that Ryan pay
support for their child, Emma who is 7. Cathi
is not asking for support for herself, and Emma has no ‘special expenses’ for
health, education, or for child care. Cathi
will fill out Forms A, B, C, E, and F.
In another example, Wai Lun and Mai
separated a few months ago, and Wai Lun moved to a ‘reciprocating jurisdiction’. He said he would pay support for the 15-year old,
and for the 19-year old who lives at home and is going to school. He was also going to pay support for Mai – she
has worked part-time for many years. The
younger child has a disability and needs medicine, physical therapy, and goes to a private
school which can handle his needs.
Unfortunately, Wai Lun has not been paying
what he promised. Mai is going to ask the
court in the ‘reciprocating jurisdiction’ to make a support order. For Mai, there will be a lot of forms to fill out. She will use Forms A, B, C, E, F, G, L, and K.
- Michael and Lee were together for over 10 years, and have two children. They adopted the 8-year old, and the 12-year old is
from a former relationship Michael had. Lee
always acted as a parent to the older child. Michael
is asking the court in Lee’s ‘reciprocating jurisdiction’ to make a support
order for both children. He will fill out
Forms A, B, C, D, E, and F.
FOR SUPPORT VARIATION
Use this part if you have a support order or written agreement now, and you want to change
it.
You are the 'applicant'; the other person is the 'respondent'.
If you are a support Recipient (the person receiving support)
If your claim is to change or
end an order |
Fill out Form(s) |
Any application to change or end a support order |
A, B, and M |
For the amount of child support |
E and F |
Child support for a child over the age of majority
(age 18 in Manitoba) |
G and L (1 form for each child) |
Child support if you and the respondent have split,
or shared, custody |
G |
Child support if you are making a claim for an order
that is not according to the child support guidelines tables, because that amount would
cause you or the child(ren) undue hardship |
G |
Child support, when the respondent makes over
$150,000 per year |
G |
Special expenses, for childcare, health, insurance,
extracurricular, or education expenses for a child or children |
H |
Support for yourself |
J and F |
If you choose any of Forms G, H, or J |
K |
If you are a support Payor (the
person paying support)
If your claim is to change or end an order |
Fill out Form(s) |
Any application to change or end a support order |
A, B, K, and M |
If you want the court to make an order even if the
respondent does not go to court or file documents |
F |
For child support for a child over the age of
majority (age 18 in Manitoba) |
I |
For child support if you and the respondent have
split, or shared, custody |
I |
To change the amount of child support you pay if you
are making a claim for an order that is not according to the child support guidelines
tables, because that amount would cause you or your family undue hardship |
I |
Examples:
Trina has learned that Suresh has now finished
his training, and has a well-paid permanent job in his ‘reciprocating
jurisdiction’. The order for support for
their 2 young children was made using the child support guidelines. It was based on the income Suresh had when he was a
student. Trina would like a new order,
according to the income Suresh has now. She
will use Forms A, B, E, F, and M.
In another example, Gordon and Lisa have a
support order which they got soon after they separated.
Gordon moved to Manitoba
and has a good job, but was laid off. After
being out of work for 6 months, he now has a new job, but it doesn’t pay as well, and
he has child support arrears and other debts and can’t keep up with the payments. He is asking the court to change the amount of
support he pays. He believes the child support
guidelines table amount will cause his new family undue hardship. He will use Forms A, B, F, I, K, and M.
And finally, Roger wants to stop paying Cecile
support for their son, Martin. Martin is only
17, but he has dropped out of school, has left home and is living with his girlfriend. He is working full-time. Roger asks to pay support for the two younger
children, still living with their mother, at the child support guidelines amount for his
income. But he wants the support for Martin to
end as of the date Martin quit school. Roger
will fill out Forms A, B, F, K, and M.
When you have all the forms
you need
First, make sure you have a
‘working’ copy of each of the forms, and put a ‘good’ copy aside. When you have filled out your ‘working’
copy, and put together the documents you need, then you can write on your ‘good’
copy. Use the FormSupport guide that goes with
each form – it has information you need.
When you fill in the
‘good’ copy of each form, be sure to sign each of them, except Form A. Your whole application package will be
‘sworn’ (see the next section), but the courts like to see a signature showing
that you have thought about each claim you make, and about the facts to support your
statements.
Your application forms
are not something you can, or should, do in a hurry. You
are taking an important step for yourself and your family.
Take your time, and give this task the effort it deserves.
Swearing / Affirming your
application
The information you have put in your forms
is part of your application. Any documents you
attach to the forms are part of the application too. Your
application – the whole package – is evidence.
Remember, you will not be at court in the ‘reciprocating
jurisdiction’. Your application package
will speak for you.
If you were in court,
you would give your evidence under oath. You
would have to swear (using the Bible) or affirm (a formal promise, without a connection to
religion) that what you are saying is true. This
step is very serious. It goes far back in
history. Giving sworn or affirmed
evidence is an important part of any court action.
But you will not be in
court, and your application package will speak for you.
For that to happen, it must be sworn or affirmed.
When your application package is complete, these are the steps you follow:
Make sure you have all the Forms for your
application, and any documents that go along with them.
Do not sign Form A. It is the Form which will be sworn.
Have you signed the bottom, or last page, of
each of the Forms, except Form A?
Put the Forms and documents in order, from the
first letter (A) to the last one you used. Do
not include the FormSupport guides – they are not part of your application.
Make one photocopy of your whole application
– Forms, documents, and any other papers you are including with your application. Make the copy on one side of white paper only. Use a paperclip (not a staple) to keep the copy
together.
Your completed application now needs to be sworn
or affirmed. If a lawyer has helped you to prepare your application and is a Notary
Public, your application can be sworn before your lawyer before being submitted to the
Designated Authority.
If you have prepared the application on your
own, your application can be sworn before the Designated Authority when you submit it. Or,
if you prefer, you may take it to a Notary Public on your own (see Yellow Pages listings).
Take your original package (all your Forms and documents), and the photocopy of the whole
package. It may not be required, but take
along photo identification if you have it.
You should swear the photocopy of your package,
but should be able to show that you have all the original documents, and that the
photocopy is a true copy of the original.
You will be asked if you swear or affirm that
you have read the documents and that the contents are true.
If you say yes, you will be asked to sign on the last page of Form A. When you have signed, the Designated Authority (or
your lawyer or a Notary Public) will fill in part of the form, sign it, and
‘seal’ the page with a tool that puts a raised stamp on the page.
You now have two important packages of documents.
Original Documents
This is the package of documents you filled out.
It includes all the signed Forms, and any other evidence. Put the original package aside in a safe place. In the very unlikely event that your documents are
lost in the mail, you can ‘re-create’ your application with these originals.
Sworn Original
The sworn package – the photocopy of the whole application – is now the
evidence that the court will use to make its order. It
has your original signature on it, and it has been notarized. Once the package is sworn, do not add any other
documents to it, or make any changes.
The court in the reciprocating jurisdiction needs
three copies of your application package. It
needs the sworn original, and two photocopies of it. Make
two photocopies of the whole sworn original package. (If
you want to keep a copy for yourself, make an extra copy.)
Where do I take my
completed application?
If you have sworn your application before a
lawyer, you or your lawyer will need to take your completed support application package to
the Designated Authority at the court office nearest to you. The Designated Authority has
a legal duty to review documents to make sure they are complete, and to arrange for them
to be sent to the appropriate authority in the reciprocating jurisdiction. The Designated Authority cannot give you legal
advice, or tell you what should go in your application.
If your application has
been sworn before a lawyer or Notary Public, take your sworn original and two photocopies
of the sworn original to the Designated Authority.
What happens next?
The Designated Authority will review your
application package. He or she will check that the package is complete, with enough
copies, and includes all the forms you checked off on Form A. They will not check your facts, or your addition. If there is something missing, the Designated
Authority will send the package back to you with a form letter saying what is needed. This is why it is so important to check your forms
and documents. If the package comes back, you
will have to have it sworn again. Your
application will also be delayed.
If the application
package is complete, the Designated Authority will send it to the reciprocating
jurisdiction. When it is sent away, you will
get a letter saying it has been sent.
Your package will be
reviewed again when it gets to the reciprocating jurisdiction. If more information is needed, the reciprocating
jurisdiction will contact you directly, or may contact the Designated Authority in
Manitoba. When everything is complete, the package
goes to court.
At the reciprocating court
The respondent (the other person) will
receive formal notice that you have made an application to the court. The respondent will get a copy of your application. A court date is set, and the respondent is told to
file a package of sworn documents at the reciprocating court.
On the court date a
Judge will look at the package of documents you sent, along with any documents the
respondent filed. If the respondent is at
court (with or without a lawyer), the court may hear sworn evidence from the respondent. The Judge can then make an order.
Note: Sometimes the Judge will want more information from
you before making an order. This may be to get
more up-to-date information. Or the respondent
might say something in court and the Judge wants to hear what you have to say. If this happens, the court will make a
‘Request for Further Information’ saying what it needs from you. The court officials will send this document
directly to you, or to the Designated Authority. If
you receive a request for further information and do not know what you should do with it,
contact the Designated Authority. What you
send back must be sworn, so if you are not certain how to proceed, find out. The court case will continue when you return the
information. If you don't send the requested
further information within the time specified by the other jurisdiction, your application
may be dismissed.
The Court Order
When the court has all the information it
needs, it will make an order. The order will be prepared, and you will receive a copy from
the Designated Authority.
It is important that you
know this fact: just because you ask for
something, doesn’t mean you will get it. You
have asked the court to make decisions for you about the financial part of your family
life. You may have taken this step because you
and the respondent can’t work things out between you.
The court will look at all the information it is given, and will make a decision on
your application. It’s what you have
asked the court to do. The court may give
reasons for making a particular order, and you will get a copy of those reasons. If you do not agree with the order, or think that
the court did not have all the facts, you can make another application.
* * *
If you have looked through the Forms and FormSupport guides, you know that you have a
lot of work to do. Take it one step at a time,
don’t rush, and be sure to include all the information the court needs. Know that there are no guarantees, but that, with
care and attention to detail, you can prepare a reciprocal package on your own. You are doing this for yourself, and your family.
The content of this FormSupport guide is for general information only - it is
not legal advice. You may wish to talk to a lawyer for assistanct in making your
application, or responding to one.
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