Acts and Regulations

F-2.2 - Family Services Act

Full text
Repealed
116Repealed: 2020, c.24, s.3
1981, c.10, s.5; 1996, c.75, s.10; 1997, c.59, s.5; 2000, c.44, s.4; 2005, c.S-15.5, s.56; 2016, c.37, s.66; 2019, c.2, s.54; 2020, c.24, s.3
Orders of court
116(1)In an application under section 115, the court may order,
(a) an amount payable periodically, whether monthly or otherwise and whether for an indefinite or limited period, or until the happening of a specified event;
(b) a lump sum to be paid or held in trust;
(c) any specified property to be transferred to or in trust for or vested in the dependant, whether absolutely, for life or for a term of years;
(d) that one spouse be given exclusive possession of a marital home or part thereof for such period as the court directs;
(e) that a spouse to whom exclusive possession of a marital home is given pay such periodic payments to the other spouse as are prescribed in the order with respect to the use of the marital home;
(f) that the household goods within a marital home, or any part thereof, remain in the home for the use of the spouse given possession;
(g) that a spouse assume the obligation to repair and maintain the marital home or to pay other liabilities arising in respect thereof;
(h) that all or any of the money payable under the order be paid into court or to any appropriate person or agency for the benefit of the dependant;
(i) the payment of support to be made in respect of any period before the date of the order;
(j) the payment to the Minister, or into court for the Minister, of any amount in reimbursement for assistance or support referred to in subsection 115(3), including an amount in reimbursement for such assistance or support provided before the date of the order;
(k) the payment of expenses in respect of the prenatal care and birth of a child;
(l) that the obligation and liability for support continue after the death of the respondent and be a debt of his or her estate for such period as is fixed in the order;
(m) that a spouse who has a policy of life insurance as defined in the Insurance Act designate the other spouse or a child as the beneficiary;
(n) the securing of payment under the order, by a charge on property or otherwise; and
(o) the payment of expenses, legal or otherwise, arising in relation to an application for support under this Part.
116(2)Repealed: 1996, c.75, s.10
116(3)Repealed: 1996, c.75, s.10
116(4)Where an application is made under section 115, the court, subject to subsection (4.1), may make such interim order as the court considers appropriate.
116(4.1)A court making an interim order for the support of a dependant who is a child or a child at or over the age of majority shall do so, to the extent possible, in accordance with the spirit and intent of paragraph 113(2)(b), subsections 115(1.1) to (1.6) and the regulations respecting orders for child support, as the case may be.
116(5)An order for support is assignable to the Minister, and an assignment shall be in the form prescribed by regulation.
116(6)Unless an order to provide support otherwise provides, the order terminates upon the death of the person having the obligation to provide support, and liability for any unpaid amounts due under the order is a debt of his or her estate.
116(7)Notwithstanding subsection (6), on application, a court may relieve the estate of a person having an obligation to provide support from liability for all or part of any unpaid amount under a support order if the court is satisfied that it would be grossly unfair to the estate not to do so.
116(8)Upon the death of a person in whose favour a support order was made, any unpaid amounts due under the support order at the time of the person’s death are a debt due to his or her estate.
1981, c.10, s.5; 1996, c.75, s.10; 1997, c.59, s.5; 2000, c.44, s.4; 2005, c.S-15.5, s.56; 2016, c.37, s.66; 2019, c.2, s.54
Orders of court
116(1)In an application under section 115, the court may order,
(a) an amount payable periodically, whether monthly or otherwise and whether for an indefinite or limited period, or until the happening of a specified event;
(b) a lump sum to be paid or held in trust;
(c) any specified property to be transferred to or in trust for or vested in the dependant, whether absolutely, for life or for a term of years;
(d) that one spouse be given exclusive possession of a marital home or part thereof for such period as the court directs;
(e) that a spouse to whom exclusive possession of a marital home is given pay such periodic payments to the other spouse as are prescribed in the order with respect to the use of the marital home;
(f) that the household goods within a marital home, or any part thereof, remain in the home for the use of the spouse given possession;
(g) that a spouse assume the obligation to repair and maintain the marital home or to pay other liabilities arising in respect thereof;
(h) that all or any of the money payable under the order be paid into court or to any appropriate person or agency for the benefit of the dependant;
(i) the payment of support to be made in respect of any period before the date of the order;
(j) the payment to the Minister of Families and Children, or into court for the Minister of Families and Children, of any amount in reimbursement for assistance or support referred to in subsection 115(3), including an amount in reimbursement for such assistance or support provided before the date of the order;
(k) the payment of expenses in respect of the prenatal care and birth of a child;
(l) that the obligation and liability for support continue after the death of the respondent and be a debt of his or her estate for such period as is fixed in the order;
(m) that a spouse who has a policy of life insurance as defined in the Insurance Act designate the other spouse or a child as the beneficiary;
(n) the securing of payment under the order, by a charge on property or otherwise; and
(o) the payment of expenses, legal or otherwise, arising in relation to an application for support under this Part.
116(2)Repealed: 1996, c.75, s.10
116(3)Repealed: 1996, c.75, s.10
116(4)Where an application is made under section 115, the court, subject to subsection (4.1), may make such interim order as the court considers appropriate.
116(4.1)A court making an interim order for the support of a dependant who is a child or a child at or over the age of majority shall do so, to the extent possible, in accordance with the spirit and intent of paragraph 113(2)(b), subsections 115(1.1) to (1.6) and the regulations respecting orders for child support, as the case may be.
116(5)An order for support is assignable to the Minister of Families and Children, and an assignment shall be in the form prescribed by regulation.
116(6)Unless an order to provide support otherwise provides, the order terminates upon the death of the person having the obligation to provide support, and liability for any unpaid amounts due under the order is a debt of his or her estate.
116(7)Notwithstanding subsection (6), on application, a court may relieve the estate of a person having an obligation to provide support from liability for all or part of any unpaid amount under a support order if the court is satisfied that it would be grossly unfair to the estate not to do so.
116(8)Upon the death of a person in whose favour a support order was made, any unpaid amounts due under the support order at the time of the person’s death are a debt due to his or her estate.
1981, c.10, s.5; 1996, c.75, s.10; 1997, c.59, s.5; 2000, c.44, s.4; 2005, c.S-15.5, s.56; 2016, c.37, s.66
Orders of court
116(1)In an application under section 115, the court may order,
(a) an amount payable periodically, whether monthly or otherwise and whether for an indefinite or limited period, or until the happening of a specified event;
(b) a lump sum to be paid or held in trust;
(c) any specified property to be transferred to or in trust for or vested in the dependant, whether absolutely, for life or for a term of years;
(d) that one spouse be given exclusive possession of a marital home or part thereof for such period as the court directs;
(e) that a spouse to whom exclusive possession of a marital home is given pay such periodic payments to the other spouse as are prescribed in the order with respect to the use of the marital home;
(f) that the household goods within a marital home, or any part thereof, remain in the home for the use of the spouse given possession;
(g) that a spouse assume the obligation to repair and maintain the marital home or to pay other liabilities arising in respect thereof;
(h) that all or any of the money payable under the order be paid into court or to any appropriate person or agency for the benefit of the dependant;
(i) the payment of support to be made in respect of any period before the date of the order;
(j) the payment to the Minister, or into court for the Minister, of any amount in reimbursement for assistance or support referred to in subsection 115(3), including an amount in reimbursement for such assistance or support provided before the date of the order;
(k) the payment of expenses in respect of the prenatal care and birth of a child;
(l) that the obligation and liability for support continue after the death of the respondent and be a debt of his or her estate for such period as is fixed in the order;
(m) that a spouse who has a policy of life insurance as defined in the Insurance Act designate the other spouse or a child as the beneficiary;
(n) the securing of payment under the order, by a charge on property or otherwise; and
(o) the payment of expenses, legal or otherwise, arising in relation to an application for support under this Part.
116(2)Repealed: 1996, c.75, s.10
116(3)Repealed: 1996, c.75, s.10
116(4)Where an application is made under section 115, the court, subject to subsection (4.1), may make such interim order as the court considers appropriate.
116(4.1)A court making an interim order for the support of a dependant who is a child or a child at or over the age of majority shall do so, to the extent possible, in accordance with the spirit and intent of paragraph 113(2)(b), subsections 115(1.1) to (1.6) and the regulations respecting orders for child support, as the case may be.
116(5)An order for support is assignable to the Minister, and an assignment shall be in the form prescribed by regulation.
116(6)Unless an order to provide support otherwise provides, the order terminates upon the death of the person having the obligation to provide support, and liability for any unpaid amounts due under the order is a debt of his or her estate.
116(7)Notwithstanding subsection (6), on application, a court may relieve the estate of a person having an obligation to provide support from liability for all or part of any unpaid amount under a support order if the court is satisfied that it would be grossly unfair to the estate not to do so.
116(8)Upon the death of a person in whose favour a support order was made, any unpaid amounts due under the support order at the time of the person’s death are a debt due to his or her estate.
1981, c.10, s.5; 1996, c.75, s.10; 1997, c.59, s.5; 2000, c.44, s.4; 2005, c.S-15.5, s.56
Orders of court
116(1)In an application under section 115, the court may order,
(a) an amount payable periodically, whether monthly or otherwise and whether for an indefinite or limited period, or until the happening of a specified event;
(b) a lump sum to be paid or held in trust;
(c) any specified property to be transferred to or in trust for or vested in the dependant, whether absolutely, for life or for a term of years;
(d) that one spouse be given exclusive possession of a marital home or part thereof for such period as the court directs;
(e) that a spouse to whom exclusive possession of a marital home is given pay such periodic payments to the other spouse as are prescribed in the order with respect to the use of the marital home;
(f) that the household goods within a marital home, or any part thereof, remain in the home for the use of the spouse given possession;
(g) that a spouse assume the obligation to repair and maintain the marital home or to pay other liabilities arising in respect thereof;
(h) that all or any of the money payable under the order be paid into court or to any appropriate person or agency for the benefit of the dependant;
(i) the payment of support to be made in respect of any period before the date of the order;
(j) the payment to the Minister, or into court for the Minister, of any amount in reimbursement for assistance or support referred to in subsection 115(3), including an amount in reimbursement for such assistance or support provided before the date of the order;
(k) the payment of expenses in respect of the prenatal care and birth of a child;
(l) that the obligation and liability for support continue after the death of the respondent and be a debt of his or her estate for such period as is fixed in the order;
(m) that a spouse who has a policy of life insurance as defined in the Insurance Act designate the other spouse or a child as the beneficiary;
(n) the securing of payment under the order, by a charge on property or otherwise; and
(o) the payment of expenses, legal or otherwise, arising in relation to an application for support under this Part.
116(2)Repealed: 1996, c.75, s.10
116(3)Repealed: 1996, c.75, s.10
116(4)Where an application is made under section 115, the court, subject to subsection (4.1), may make such interim order as the court considers appropriate.
116(4.1)A court making an interim order for the support of a dependant who is a child or a child at or over the age of majority shall do so, to the extent possible, in accordance with the spirit and intent of paragraph 113(2)(b), subsections 115(1.1) to (1.6) and the regulations respecting orders for child support, as the case may be.
116(5)An order for support is assignable to the Minister, and an assignment shall be in the form prescribed by regulation.
116(6)Unless an order to provide support otherwise provides, the order terminates upon the death of the person having the obligation to provide support, and liability for any unpaid amounts due under the order is a debt of his or her estate.
116(7)Notwithstanding subsection (6), on application, a court may relieve the estate of a person having an obligation to provide support from liability for all or part of any unpaid amount under a support order if the court is satisfied that it would be grossly unfair to the estate not to do so.
116(8)Upon the death of a person in whose favour a support order was made, any unpaid amounts due under the support order at the time of the person’s death are a debt due to his or her estate.
1981, c.10, s.5; 1996, c.75, s.10; 1997, c.59, s.5; 2000, c.44, s.4; 2005, c.S-15.5, s.56
Orders of court
116(1)In an application under section 115, the court may order,
(a) an amount payable periodically, whether monthly or otherwise and whether for an indefinite or limited period, or until the happening of a specified event;
(b) a lump sum to be paid or held in trust;
(c) any specified property to be transferred to or in trust for or vested in the dependant, whether absolutely, for life or for a term of years;
(d) that one spouse be given exclusive possession of a marital home or part thereof for such period as the court directs;
(e) that a spouse to whom exclusive possession of a marital home is given pay such periodic payments to the other spouse as are prescribed in the order with respect to the use of the marital home;
(f) that the household goods within a marital home, or any part thereof, remain in the home for the use of the spouse given possession;
(g) that a spouse assume the obligation to repair and maintain the marital home or to pay other liabilities arising in respect thereof;
(h) that all or any of the money payable under the order be paid into court or to any appropriate person or agency for the benefit of the dependant;
(i) the payment of support to be made in respect of any period before the date of the order;
(j) the payment to the Minister, or into court for the Minister, of any amount in reimbursement for assistance or support referred to in subsection 115(3), including an amount in reimbursement for such assistance or support provided before the date of the order;
(k) the payment of expenses in respect of the prenatal care and birth of a child;
(l) that the obligation and liability for support continue after the death of the respondent and be a debt of his or her estate for such period as is fixed in the order;
(m) that a spouse who has a policy of life insurance as defined in the Insurance Act designate the other spouse or a child as the beneficiary;
(n) the securing of payment under the order, by a charge on property or otherwise; and
(o) the payment of expenses, legal or otherwise, arising in relation to an application for support under this Part.
116(2)Repealed: 1996, c.75, s.10
116(3)Repealed: 1996, c.75, s.10
116(4)Where an application is made under section 115, the court, subject to subsection (4.1), may make such interim order as the court considers appropriate.
116(4.1)A court making an interim order for the support of a dependant who is a child or a child at or over the age of majority shall do so, to the extent possible, in accordance with the spirit and intent of paragraph 113(2)(b), subsections 115(1.1) to (1.6) and the regulations respecting orders for child support, as the case may be.
116(5)An order for support is assignable to the Minister, and an assignment shall be in the form prescribed by regulation.
116(6)Unless an order to provide support otherwise provides, it terminates upon the death of the person having the obligation to provide support, and the liability for amounts under the order coming due and unpaid in the preceding twelve months is a debt of his or her estate.
1981, c.10, s.5; 1996, c.75, s.10; 1997, c.59, s.5; 2000, c.44, s.4