Acts and Regulations

2020, c.23 - Family Law Act

Section 42
Disposition versions

Full text
Disagreement with recalculated amount
42(1)If a party to a child support order does not agree with the recalculated amount of child support set out in a decision of the child support service under subsection 38(1) or a corrected decision under subsection 40(1), the party may apply to the Court to make an order under subsection 11(1) or 22(1), as the case may be.
42(2)An application under subsection (1) shall be made within 30 days after the receipt of a copy of the decision or the corrected decision provided in accordance with subsection 38(3).
42(3)A party who makes an application under subsection (1) shall provide a copy of the application to the child support service within the period referred to in subsection (2).
42(4)When an application is made under subsection (1), the operation of sections 39 and 41 is suspended pending the determination of the application by the Court, and the child support order continues in effect as if the recalculation had not been made.
42(5)If an application under subsection (1) is withdrawn before it is determined, the party withdrawing the application shall notify the child support service.
42(6)If an application under subsection (1) is withdrawn before it is determined or is dismissed by the Court, the party against whom the child support order was made becomes liable to pay the recalculated amount in accordance with section 41 as if the application had not been made.
Disagreement with recalculated amount
42(1)If a party to a child support order does not agree with the recalculated amount of child support set out in a decision of the child support service under subsection 38(1) or a corrected decision under subsection 40(1), the party may apply to the Court to make an order under subsection 11(1) or 22(1), as the case may be.
42(2)An application under subsection (1) shall be made within 30 days after the receipt of a copy of the decision or the corrected decision provided in accordance with subsection 38(3).
42(3)A party who makes an application under subsection (1) shall provide a copy of the application to the child support service within the period referred to in subsection (2).
42(4)When an application is made under subsection (1), the operation of sections 39 and 41 is suspended pending the determination of the application by the Court, and the child support order continues in effect as if the recalculation had not been made.
42(5)If an application under subsection (1) is withdrawn before it is determined, the party withdrawing the application shall notify the child support service.
42(6)If an application under subsection (1) is withdrawn before it is determined or is dismissed by the Court, the party against whom the child support order was made becomes liable to pay the recalculated amount in accordance with section 41 as if the application had not been made.