Acts and Regulations

F-2.2 - Family Services Act

Full text
Repealed
115.1Repealed: 2020, c.24, s.3
1997, c.59, s.4; 2000, c.44, s.3; 2020, c.24, s.3
Priority of order for child support or order for the support of a child at or over the age of majority
115.1(1)Where a court is considering an application for an order for the support of a dependant referred to in subsection 113(1) and an application for an order for the support of any other dependant, the court shall give priority to the support for the dependant referred to in subsection 113(1) in determining the applications.
115.1(2)Where, as a result of giving priority to the support of a dependant referred to in subsection 113(1), the court is unable to make an order for the support of any other dependant, or the court makes the order for the support of the other dependant in an amount that is less than it otherwise would have been, the court shall record its reasons for not making the order or for making the order in an amount that is less than it otherwise would have been.
115.1(3)Where, as a result of giving priority to the support of a dependant referred to in subsection 113(1), an order for the support of any other dependant is not made, or the amount of the order for the support of the other dependant is less than it otherwise would have been, any subsequent reduction or termination of the support for the dependant referred to in subsection 113(1) constitutes a material change in the circumstances of the other dependant for the purposes of an application, in respect of support for the other dependant, under section 115 or subsection 118(1), as the case may be.
1997, c.59, s.4; 2000, c.44, s.3