Acts and Regulations

2008-16 - Fees and Payments

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NEW BRUNSWICK
REGULATION 2008-16
under the
Support Enforcement Act
(O.C. 2008-51)
Filed February 11, 2008
Under section 53 of the Support Enforcement Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Fees and Payments Regulation - Support Enforcement Act.
Definition of “Act”
2In this Regulation, “Act” means the Support Enforcement Act.
Fees
3(1)For the purposes of this section, a payer includes a corporation that under section 28 or 29 of the Act is jointly and severally liable with a payer for payments required under a support order.
3(2)The following fees shall be payable by a payer for services provided or enforcement actions taken by the Director:
(a) to search one or more provincial information banks, $15;
(b) to request a search for information pursuant to an agreement entered into under the Family Orders and Agreements Enforcement Assistance Act (Canada), $20;
(c) to perform a search for information other than a search referred to in paragraph (a) or (b), $25;
(d) to issue a non-voluntary payment order, other than a garnishee summons under the Family Orders and Agreements Enforcement Assistance Act (Canada), $25;
(e) to issue a notice under subsection 27(1.1) of the Act, $50; and
(f) to hold a default hearing under section 33 of the Act, $50.
3(3)The fee payable by a person who presents a means of payment that is subsequently dishonoured is $25.
Crediting of support payments
4(1)Subject to subsection (2), money paid on account of a support order shall be credited to the following items in the following sequence, so that each item is credited to the maximum extent possible before a subsequent item is credited:
(a) a payment under a support order that is due on the date the money is received or that was due within the 30 days before the money is received;
(b) a fee charged for issuing a payment order;
(c) arrears under a support order that are due on the date the money is received;
(d) a payment under a support order that will become due within 6 days after the money is received, which amount shall be held until the payment is due;
(e) arrears under a support order that are owed to the government of a reciprocating jurisdiction as defined in the Interjurisdictional Support Orders Act for assistance or support paid to the beneficiary;
(f) interest enforceable under the Act;
(g) a fee charged under section 39 of the Act, other than a fee referred to in paragraph (b);
(h) court costs awarded to the Director under the Act; and
(i) security required to be filed under subsection 8(1) or section 37 of the Act.
4(2)With respect to each item listed in subsection (1), an amount owed with respect to child support shall be credited before an amount owed with respect to spousal support, and the beneficiary shall be paid before a third party who is entitled to an amount under the support order.
4(3)Notwithstanding subsection (2), if a beneficiary is receiving assistance or support from the Minister of Family and Community Services, the order in which money received on account of a support order is credited shall be modified to provide as follows:
(a) amounts due to third parties for each item listed in subsection (1) shall be satisfied first;
(b) amounts due to the Minister of Family and Community Services for each item listed in subsection (1) shall be satisfied second; and
(c) amounts due to the beneficiary for each item listed in subsection (1) shall be satisfied third.
4(4)Notwithstanding subsection (2), if a beneficiary is no longer receiving assistance or support from the Minister of Family and Community Services, the order in which money received on account of a support order is credited shall be modified to provide as follows:
(a) amounts due to the beneficiary for each item listed in subsection (1) shall be satisfied first;
(b) amounts due to third parties for each item listed in subsection (1) shall be satisfied second; and
(c) amounts due to the Minister of Family and Community Services for each item listed in subsection (1) shall be satisfied third.
4(5)Notwithstanding subsections (1) to (4), where money paid on account of a support order is from a source prescribed in the General Regulation - Support Enforcement Act, arrears that are not yet due under a support order that includes a schedule for the payment of arrears or a suspension of payments towards arrears become the last item listed under subsection (1).
Excess payments
5(1)If money paid on account of a support order exceeds the amount required to satisfy the items listed in subsection 4(1) or (5), the Director may retain the excess amount for no more than 30 days and may do any of the following with the excess amount during that time period:
(a) credit the amount to additional security;
(b) on the written instructions of the payer, credit the amount to a payment on arrears that is not yet due under a support order that includes a schedule for the payment of arrears or a suspension of payments towards arrears;
(c) credit the amount to another support order filed with the Director with respect to the same payer;
(d) on the written instructions of the payer, forward the amount to the beneficiary; or
(e) return the amount to the payer.
5(2)If the Director is satisfied that the terms of a support order have been satisfied in full and that the payer is no longer obligated to pay an amount under or with respect to the support order, including an amount due to the Director under the Act, the Director may do the following with any excess amount that remains in the Director’s possession:
(a) return the amount to the payer; or
(b) if the payer cannot be located within 6 months after the payer’s obligations under the support order have ceased, pay the amount into the Consolidated Fund.
Commencement
6This Regulation comes into force on February 11, 2008.
N.B. This Regulation is consolidated to February 11, 2008.