Manitoba Justice
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Family Law
A Guide to Changing Child Support Orders in Manitoba
PART B: Procedure and Rules in Court of Queen's Bench (Family Division)
Step Fourteen: Preparing the Order
Has a judge made a decision at a hearing? If so, continue with this step.
If not, do you and the other parent agree to vary the child support order? If not, go back to Step Eleven, Family Motions Court. If so, continue with this step to prepare a Variation Order.
After a hearing takes place and a judge makes an order, the parent who filed the Notice of Motion or Notice of Motion to Vary must prepare a document that says what the judge ordered. This document is called an order. The order sets out what the judge ordered in written form. The judge or court registrar must sign the order.
What do I need to know about orders? |
There are different kinds of orders in the Court of Queen's Bench Family Division. An order that is made after hearing of a motion is called:
Interim Order
Variation Order
The rules for preparing an order are found in Court of Queen's Bench Rule 70.31. In the Family Division, an order must use the wording of the Automated Court Order Standard Clauses. You can find Automated Court Order Standard Clauses at the Manitoba Courts website at http://www.manitobacourts.mb.ca or you can get them through the Court of Queen's Bench Family Division (Winnipeg Centre). You cannot prepare an order without the Automated Court Order Standard Clauses.
Automated Court Order Standard Clauses are used in preparing an order in the Court of Queen's Bench Family Division. In most cases, you must use the wording of the Automated Court Order Standard Clauses. Get a copy of the Automated Court Order Standard Clauses before you prepare your order. |
Part C includes an example of a Variation Order and an Interim Order. The examples include a variety of possible clauses. You have to decide which clauses to use based on the order of the judge. Be sure to follow the instructions in the Automated Court Order Standard Clauses.
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What goes in an Order? |
The first part of an order is called the preamble. The preamble includes the following information:
the date of the hearing
the name of each parent who was present and whether he or she was represented by a lawyer
the name of each parent who was absent and whether he or she was represented by a lawyer
whether the parents consent to the order or any part of it
the documents that were filed in support of the motion
any promise or undertaking that either parent (or his/her lawyer) made as a condition of the order
If the order is a Variation Order, the preamble also must say:
the date of the order being varied and the name of the judge who made it
the date of any earlier Variation Order and the name of the judge who made it
The next paragraph says which statute or rule the Order is made under.
Then following from here are the paragraphs that set out the specific Orders the judge made. Use the sequence of the Automated Court Order Standard Clauses as a guide when you prepare the Order.
If the order is a Variation Order, the clause(s) of the original order or earlier Variation Order that are to be deleted or replaced must be repeated exactly. Then, the wording of the new clause is set out.
The last paragraph of the order sets out the instructions for serving a copy of the signed order on the other parent and any others that must be served.
The order ends with a space for the date, and the signature of the judge.
Below the judge's signature, set out space for each parent or his/her lawyer to approve the form of the order by signing it. Each parent or his/her lawyer must approve the form of the order that you have prepared unless the judge directs otherwise. If a parent has a lawyer, the lawyer must approve the form of the order; otherwise, the parent must do so.
If the order is made with the consent of the parents, this is followed by space for each parent or their lawyers to sign, showing his/her consent or agreement. If either parent doesn't have a lawyer, that parent must also attach a document called an Affidavit of Execution to the order.
An Affidavit of Execution is a kind of affidavit that proves that the person who signed the document was the person who should sign it and that the person signed it willingly. Part C includes an example of an Affidavit of Execution, with the Variation Order.
Like other affidavits, the Affidavit of Execution must be signed and sworn to be true. That means that the person making the affidavit or deponent signs, dates and swears that the affidavit is true in the presence of a witness. The witness must be a Commissioner for Oaths, a justice of the peace, a magistrate, a postmaster, a lawyer or a notary public. A lawyer or notary public may charge you for this service.
Make at least three copies of the order.
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What do I do after I have prepared the order? |
Make sure that each parent or his/her lawyer has signed each copy of the order to show that they approve the form of the order that you have prepared. If a parent has a lawyer, the lawyer must approve the form of the order; otherwise, the parent must do so, unless the judge has directed otherwise.
If the order or any part of it is made by consent, make sure that both parents or their lawyers have signed their consent on all three copies.
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What if my child support order is enforced by the Maintenance Enforcement Program? |
You have to prepare and complete a document called Enforcement Information if your child support order is:
made under The Family Maintenance Act
made under the Divorce Act and payments are made through the Maintenance Enforcement Program
The Enforcement Information document is prepared following the Court of Queen's Bench Rule 70.31(15) and Form 70W. An example of the Enforcement Information is included in Part C.
If you don't want your child support order enforced by the Maintenance Enforcement Program, you must prepare and complete a document called Enforcement Opt-Out following the Court of Queen's Bench Rule 70.31(15) and Form 70X. Only the parent who receives child support can decide to opt out of the Maintenance Enforcement Program. An example of the Enforcement Opt-Out is included in Part C.
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What happens when I file the order? |
Take all three copies of the order to the court office and file them. If the order contains a child support order, you must also file one copy of the Enforcement Information or two copies of the Enforcement Opt-Out.
After filing, the documents are checked by the judge, master or deputy registrar to make sure that they are complete and accurate. If the order is correct, the judge, master or deputy registrar signs it.
When the judge signs the Variation Order, the original signed order stays in the court file. A copy of the signed document is returned to the parent who filed it, who must mail a copy of this order to the other parent as directed by the order. Another copy is sent to the Maintenance Enforcement Office if the child support payments are made through the Maintenance Enforcement Program.
If the judge does not sign the order, all copies are returned to the parent who filed it with a Notice of Rejection. The Notice of Rejection tells you the reason the order was not signed and usually also tells you what you need to do next. If this happens and you're unsure what to do next, contact the court office for more information. At this point, it may be helpful to get advice from a lawyer.
A copy of the signed order must be sent or delivered to the other parent. Do this in the way the judge ordered and within the time frame the judge ordered.
If you got an Interim Order for the other parent to provide financial information, go back to Step Three, Applying to Vary a Child Support Order.
If you obtained a Variation Order, the process to vary your child support order is now complete.
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