Family Law

 

A Guide to Changing Child Support Orders in Manitoba

 

PART B: Procedure and Rules in Court of Queen's Bench (Family Division)

Introduction

 

There are a number of steps to take in the process of varying, or changing a child support order. These steps are required by law, and are set out in the Court of Queen's Bench Rules.

For complete information about preparing documents for the Court of Queen's Bench, read the Court of Queen's Bench Rules. These rules can be purchased through Manitoba's Statutory Publications:

Statutory Publications
200 Vaughan Street
Winnipeg, MB R3C 1T5
945-3101 in Winnipeg
Fax: 204-945-7172
Toll-free: 1-800-321-1203
email: statpub@gov.mb.ca

The rules can also be found in your local court library, at the University of Manitoba Law Library, and on the Internet at:

www.gov.mb.ca/chc/statpub/free/index.html

This guide will take you through the basic steps to vary a child support order. You may not need to follow each step, so watch for the checklists at the beginning of each step to decide if you should continue where you are, go back, or skip ahead to another step.

The steps to vary a child support order in this Guide are:

• Step One: Representing Yourself
• Step Two: Applying for a Court Order for Financial Information
• Step Three: Applying to Vary a Child Support Order
• Step Four: Applying to Vary a Child Support Order (When Both Parents Agree)
• Step Five: Preparing an Affidavit
• Step Six: Transferring a Court File
• Step Seven: Filing Documents in Court
• Step Eight: Case Management
• Step Nine: Serving Documents
• Step Ten: Responding to a Notice of Motion to Vary Child Support
• Step Eleven: Family Motions Court
• Step Twelve: Representing Yourself in an Uncontested Hearing
• Step Thirteen: Representing Yourself in a Contested Hearing
• Step Fourteen: Preparing the Order

You have a right to represent yourself in court if you want. But remember that with this right comes the responsibility to follow the rules of court and court process.

You have the right to go to court without a lawyer to represent you, but you need to know that in court, you will be treated the same as a person who has a lawyer. Do not expect any special or different treatment because you don't have a lawyer. If you do not know and do not follow the court rules, you will have to live with the consequences.

If you want to find a lawyer:

• call the Lawyer Referral Program and get a free 30 minute appointment with a lawyer: 204-943-2305 in Winnipeg or 1-800-262-8800 outside Winnipeg
• check the Yellow Pages listings
• speak to friends or family for recommendations

Even if you decide not to use a lawyer to represent you, you still should consult a lawyer before you use this guide.

Remember that if you use this guide, you are expected to:

• read the whole guide
• be familiar with the Court of Queen's Bench Rules that apply
• follow the Court of Queen's Bench Rules that apply
• be familiar with the laws that apply, including the Divorce Act, The Family Maintenance Act and the Child Support Guidelines.
• follow the laws that apply

Return to top - Introduction

 

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