Acts and Regulations

I-12.05 - Interjurisdictional Support Orders Act

Section 29
Disposition versions

Full text
Choice of law
29(1)When determining a party’s entitlement to receive or continue receiving support for a child, a New Brunswick court shall apply the law of the jurisdiction in which the child ordinarily resides, but if under that law the party is not entitled to support, the New Brunswick court shall apply the law of New Brunswick.
29(2)When determining the amount of support to be provided for a child, a New Brunswick court shall apply the law of the jurisdiction where the party liable to pay the support ordinarily resides.
29(3)When determining a party’s entitlement to receive or continue receiving support for him or herself and the amount of that support, a New Brunswick court shall apply the law of New Brunswick, but if under New Brunswick law the party is not entitled to support, the court shall apply
(a) the law of the jurisdiction in which the party ordinarily resides, or
(b) if the party is not entitled to support under the law of the jurisdiction referred to in paragraph (a), the law of the jurisdiction in which the applicant and the respondent last maintained a common habitual residence.
Choice of law
29(1)When determining a party’s entitlement to receive or continue receiving support for a child, a New Brunswick court shall apply the law of the jurisdiction in which the child ordinarily resides, but if under that law the party is not entitled to support, the New Brunswick court shall apply the law of New Brunswick.
29(2)When determining the amount of support to be provided for a child, a New Brunswick court shall apply the law of the jurisdiction where the party liable to pay the support ordinarily resides.
29(3)When determining a party’s entitlement to receive or continue receiving support for him or herself and the amount of that support, a New Brunswick court shall apply the law of New Brunswick, but if under New Brunswick law the party is not entitled to support, the court shall apply
(a) the law of the jurisdiction in which the party ordinarily resides, or
(b) if the party is not entitled to support under the law of the jurisdiction referred to in paragraph (a), the law of the jurisdiction in which the applicant and the respondent last maintained a common habitual residence.