Acts and Regulations

98-27 - Child Support Guidelines

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Revoked on 1 March 2021
NEW BRUNSWICK
REGULATION 98-27
under the
Family Services Act
(O.C. 98-197)
Filed March 31, 1998
Under section 143 of the Family Services Act the Lieutenant-Governor in Council makes the following Regulation:
Repealed: 2021-19
Citation
1This Regulation may be cited as the Child Support Guidelines Regulation - Family Services Act.
Definitions
2In this Regulation
“Federal Guidelines” means the Federal Child Support Guidelines established by regulation pursuant to section 26.1 of the Divorce Act (Canada), as the Federal Child Support Guidelines read on June 11, 2009.(lignes directrices fédérales)
2001-62; 2006-44; 2007-36; 2009-83
Adoption of Federal Guidelines
3(1)Subject to subsections (2) and (3), the Federal Guidelines are adopted as the guidelines in respect of orders for child support.
3(2)Notwithstanding section 21 of the Federal Guidelines,
(a) any information required to be provided under section 21 of the Federal Guidelines within thirty days after a request or other event specified in that section shall be provided within twenty days after that request or other specified event, if the person required to provide the information resides in New Brunswick, and
(b) where the parties to an application consent, any information required to be provided under section 21 of the Federal Guidelines in respect of the three most recent taxation years shall be provided only for the taxation year immediately preceding the application.
3(3)Schedule I of the Federal Guidelines, as that Schedule is amended from time to time, applies for the purposes of this Regulation.
99-41
Interpretation and application of Federal Guidelines
4(1)For the purposes of the interpretation and application of the Federal Guidelines, as adopted under section 3 of this Regulation, in the context of an order for child support or an order for the support of a child at or over the age of majority under Part VII of the Family Services Act, the Federal Guidelines shall be read with such modifications as the circumstances require including, without limiting the generality of the foregoing, the modifications provided for in subsections (2) to (7).
4(2)The definitions “Act”, “child”, “order assignee” and “spouse” in subsection 2(1), subsections 2(4) and (5), sections 5, 11 and 12, subsection 21(5) and section 26 of the Federal Guidelines, as adopted under section 3 of this Regulation, are not applicable.
4(3)Unless this Regulation or the context otherwise requires, references to “spouse” and “spouses” in the Federal Guidelines, as adopted under section 3 of this Regulation, shall be read as “parent” and “parents”, respectively.
4(4)Where the applicant and respondent in an application for child support or an application for the support of a child at or over the age of majority are not both parents of the child, sections 6, 7, 8, 9 and 10, subsection 15(2), sections 21, 22, 23, 24 and 25 and Schedules II and III of the Federal Guidelines, as adopted under section 3 of this Regulation, apply only to the extent necessary and reasonable to give effect to the spirit and intent of the provisions in the circumstances of the particular application and with such modifications as the circumstances require.
4(5)For the purposes of determining the applicable table, subsection 3(3) of the Federal Guidelines, as adopted under section 3 of this Regulation, shall be read as follows:
((3)) The applicable table is
(a) if the parent against whom an order is sought resides in Canada,
(i) the table for the province in which that parent ordinarily resides at the time the application for an order for child support, for an order for the support of a child at or over the age of majority or for an order under subsection 118(2) of the Family Services Act is made,
(ii) where the court is satisfied that the province in which that parent ordinarily resides has changed since the time described in subparagraph (i), the table for the province in which the parent ordinarily resides at the time of determining the amount of support, or
(iii) where the court is satisfied that, in the near future after determination of the amount of support, that parent will ordinarily reside in a given province other than the province in which the parent ordinarily resides at the time of that determination, the table for the given province, and
(b) if the parent against whom an order is sought resides outside of Canada, or if the residence of that parent is unknown, the table for the province in which the person seeking the order ordinarily resides at the time the application for an order for child support, for an order for the support of a child at or over the age of majority or for an order under subsection 118(2) of the Family Services Act is made.
4(6)Paragraph 10(2)(d) of the Federal Guidelines, as adopted under section 3 of this Regulation, shall be read as follows:
(d) the parent has, under the Family Services Act or the Divorce Act (Canada), a legal duty to support any other child as defined in those Acts;
4(7)In section 14 of the Federal Guidelines, as adopted under section 3 of this Regulation, any reference to a provision of the Divorce Act (Canada) shall be read as a reference to the corresponding provision of the Family Services Act as follows:
(a) in the portion preceding paragraph (a), the reference to subsection 17(4) of the Divorce Act (Canada) shall be read as a reference to subsection 118(2) of the Family Services Act,
(b) paragraph (c) shall be read as follows:
(c) in the case of an order made before May 1, 1998, the commencement of this Regulation.
2000, c.44, s.7; 2007-36 
Order where child has voluntarily withdrawn from parental control
5In the case of an application for child support in relation to a child who has voluntarily withdrawn from parental control, the court, in its discretion and having regard to all the circumstances of the parties, including any circumstances that may indicate the child has abandoned or should be considered to have abandoned any right to support, may award an amount that is different from the amount determined in accordance with the Federal Guidelines, as adopted under section 3 of this Regulation, or may award no amount, as the court considers appropriate and reasonable.
Interpretation and application of this Regulation
6This Regulation shall be interpreted and applied, to the extent possible, in a manner that gives effect to the spirit and intent of the Federal Guidelines, as adopted under section 3 of this Regulation, for the purpose of making an order for child support or an order for the support of a child at or over the age of majority under Part VII of the Family Services Act.
2000, c.44, s.7
Commencement
7This Regulation comes into force on May 1, 1998.
N.B. This Regulation is consolidated to March 1, 2021.