Acts and Regulations

I-12.05 - Interjurisdictional Support Orders Act

Section 5
Disposition versions

Full text
Support application
5(1)If a proposed claimant ordinarily resides in New Brunswick and believes that the proposed respondent ordinarily resides in a reciprocating jurisdiction, the proposed claimant may commence a proceeding in New Brunswick that may result in a support order being made in the reciprocating jurisdiction.
5(2)To commence a proceeding referred to in subsection (1), a claimant shall complete a support application in the prescribed form that includes the following:
(a) the claimant’s name and address for service;
(b) a copy of the statutory or other legal authority upon which the application is based, unless the claimant is relying upon the law of the jurisdiction where the respondent ordinarily resides;
(c) the amount and nature of the support claimed;
(d) an affidavit setting out the following:
(i) the respondent’s name and any other information known to the claimant that may be used to locate or identify the respondent;
(ii) the respondent’s financial circumstances, to the extent they are known to the claimant;
(iii) the name of each person for whom support is claimed;
(iv) the date of birth of any child for whom support is claimed;
(v) the evidence relevant to establishing the entitlement to and the amount of support, including,
(A) if support is claimed for a child, details of the child’s parentage and information regarding the child’s financial and other circumstances, and
(B) if support is claimed for the claimant, information regarding the claimant’s financial and other circumstances and information regarding his or her relationship with the respondent; and
(vi) any other prescribed information; and
(e) any other prescribed information or documents.
5(3)A claimant is not required to notify a respondent that a proceeding has been commenced under this section.
Support application
5(1)If a proposed claimant ordinarily resides in New Brunswick and believes that the proposed respondent ordinarily resides in a reciprocating jurisdiction, the proposed claimant may commence a proceeding in New Brunswick that may result in a support order being made in the reciprocating jurisdiction.
5(2)To commence a proceeding referred to in subsection (1), a claimant shall complete a support application in the prescribed form that includes the following:
(a) the claimant’s name and address for service;
(b) a copy of the statutory or other legal authority upon which the application is based, unless the claimant is relying upon the law of the jurisdiction where the respondent ordinarily resides;
(c) the amount and nature of the support claimed;
(d) an affidavit setting out the following:
(i) the respondent’s name and any other information known to the claimant that may be used to locate or identify the respondent;
(ii) the respondent’s financial circumstances, to the extent they are known to the claimant;
(iii) the name of each person for whom support is claimed;
(iv) the date of birth of any child for whom support is claimed;
(v) the evidence relevant to establishing the entitlement to and the amount of support, including,
(A) if support is claimed for a child, details of the child’s parentage and information regarding the child’s financial and other circumstances, and
(B) if support is claimed for the claimant, information regarding the claimant’s financial and other circumstances and information regarding his or her relationship with the respondent; and
(vi) any other prescribed information; and
(e) any other prescribed information or documents.
5(3)A claimant is not required to notify a respondent that a proceeding has been commenced under this section.