Acts and Regulations

I-12.05 - Interjurisdictional Support Orders Act

Section 23
Disposition versions

Full text
Application to vary
23(1)If a proposed applicant ordinarily resides in New Brunswick and believes that the proposed respondent ordinarily resides in a reciprocating jurisdiction, the proposed applicant may commence a proceeding in New Brunswick that may result in a support order being varied in the reciprocating jurisdiction.
23(2)To commence a proceeding referred to in subsection (1), an applicant shall complete a support variation application in the prescribed form that includes the following:
(a) the applicant’s name and address for service;
(b) a certified copy of the support order;
(c) a copy of the statutory or other legal authority upon which the application is based, unless the applicant is relying upon the law of the jurisdiction where the respondent ordinarily resides;
(d) the particulars of the variation applied for, which may include termination of the support order;
(e) an affidavit setting out the following:
(i) the respondent’s name and any other information known to the applicant that may be used to locate or identify the respondent;
(ii) the respondent’s financial circumstances, to the extent they are known to the applicant, including whether he or she is receiving social assistance;
(iii) the name of each person, to the extent known to the applicant,
(A) for whom support is payable, or
(B) who will be affected if the variation is granted;
(iv) the evidence in support of the application, including,
(A) if support paid for a child may be affected, information regarding the child’s financial and other circumstances, and
(B) if support paid for the applicant or respondent may be affected, information regarding the applicant’s relationship with the respondent; and
(v) the prescribed information regarding the applicant’s financial circumstances; and
(f) any other prescribed information or documents.
23(3)An applicant is not required to notify a respondent that a proceeding has been commenced under this section.
Application to vary
23(1)If a proposed applicant ordinarily resides in New Brunswick and believes that the proposed respondent ordinarily resides in a reciprocating jurisdiction, the proposed applicant may commence a proceeding in New Brunswick that may result in a support order being varied in the reciprocating jurisdiction.
23(2)To commence a proceeding referred to in subsection (1), an applicant shall complete a support variation application in the prescribed form that includes the following:
(a) the applicant’s name and address for service;
(b) a certified copy of the support order;
(c) a copy of the statutory or other legal authority upon which the application is based, unless the applicant is relying upon the law of the jurisdiction where the respondent ordinarily resides;
(d) the particulars of the variation applied for, which may include termination of the support order;
(e) an affidavit setting out the following:
(i) the respondent’s name and any other information known to the applicant that may be used to locate or identify the respondent;
(ii) the respondent’s financial circumstances, to the extent they are known to the applicant, including whether he or she is receiving social assistance;
(iii) the name of each person, to the extent known to the applicant,
(A) for whom support is payable, or
(B) who will be affected if the variation is granted;
(iv) the evidence in support of the application, including,
(A) if support paid for a child may be affected, information regarding the child’s financial and other circumstances, and
(B) if support paid for the applicant or respondent may be affected, information regarding the applicant’s relationship with the respondent; and
(v) the prescribed information regarding the applicant’s financial circumstances; and
(f) any other prescribed information or documents.
23(3)An applicant is not required to notify a respondent that a proceeding has been commenced under this section.