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Family Maintenance Regulations

made under Section 55 of the

Maintenance and Custody Act

R.S.N.S. 1989, c. 160

O.I.C. 80-1574 (November 25, 1993), N.S. Reg. 181/80

as amended to O.I.C. 90-1087 (Sept. 11, 1990), N.S. Reg. 252/90


 

1     In an application to the Family Court, other than an application under the Children's Services Act or the Juvenile Delinquents Act, the following forms shall be used:

 

                (a)    an Application and Summons which shall be in Form 1;

 

                (b)    an Application to Vary and Summons which shall be in Form 2;

 

                (c)    a Reply which shall be in Form 3;

 

                (d)    an Affidavit in Default and Summons which shall be in Form 4;

 

                (e)    a Warrant which shall be in Form 5;

 

                (f)    a Warrant of Commitment which shall be in Form 6;

 

                (g)    a Bond which shall be in Form 7;

 

                (h)    a Subpoena and Summons which shall be in Form 8;

 

                (i)     a Garnishee Order which shall be in Form 9;

 

                (j)     an Order which shall be in Form 10.

 

1A  (1)    For the purpose of Section 38 of the Act, the Court, upon the hearing of an application for maintenance pursuant to the Act, may, in those circumstances where the Court considers it appropriate to do so, and having regard for the ability to pay of a person who is obliged to pay maintenance and the ability of the person with the right to maintenance to contribute to his own maintenance, order that the amount specified to be paid shall be deemed to be varied, in accordance with increases in the cost of living once in every twelve month period, in the manner prescribed by these regulations.

 

       (2)    The variation of an order for the periodic payment of maintenance pursuant to Section 38 of the Act and these regulations shall be calculated only for those orders where an order of the Court has been made providing therein for the variation of the Order in accordance with increases in the cost of living.

 

       (3)    In cases other than those referred to in Section 38 of the Act, the Court, upon the hearing of an application for maintenance pursuant to the Act, may, in those circumstances where the Court considers it appropriate to do so, and having regard for the ability to pay of a person who is obliged to pay maintenance and the ability of the person with the right to maintenance to contribute to his own maintenance, order that the amount specified to be paid shall be deemed to be varied, in accordance with increases in the cost of living once in every twelve month period, in the manner prescribed by these regulations.

Section 1A added: O.I.C. 86-915, N.S. Reg. 206/86.

 

2     For the purpose of Section 38 of the Act and Sections 3 to 9 of these regulations

 

                (a)    "cost of living" means the All Items Index for the City of Halifax, as issued from time to time by Statistics Canada;

 

                (b)    "date of the order" means

 

                         (i)     the date of the original order if the order has not been varied, or

 

                         (ii)    the date on which the variation of an order becomes effective if the order has been varied otherwise than pursuant to Section 38 of the Act;

 

                (c)    "a person" includes a child on whose behalf family benefits or municipal assistance is paid.

Section 2 added: O.I.C. 83-965, N.S. Reg. 188/83.

 

3     (1)    The variation of an order for the periodic payment of maintenance pursuant to Section 38 of the Act and these regulations shall be calculated once a year and the variation shall be effective on the first day of the third month following the anniversary date of the order.

 

       (2)    Where an order has been varied pursuant to the provisions of these regulations, a new order shall be drawn specifying the amount of the order as varied pursuant to these regulations and the order, when initialled by an officer of the Family Court, shall constitute an order for all purposes of the Maintenance and Custody Act and these regulations, and may be enforced, varied, suspended or rescinded in like manner as any order for the periodic payment of maintenance made pursuant to the Maintenance and Custody Act.

Section 3 added: O.I.C. 83-965, N.S. Reg. 188/83.

 

4     (1)    For the purpose of complying with the provisions of Section 38 of the Act, the amount of the payment specified in an order shall be increased by multiplying the amount of the order by the percentage increase in the All Items Index.

 

       (2)    The percentage increase in the All Items Index means

 

All Items Index B2 - All Items Index B1 x 100

All Items Index B1

 

where All Items Index B2 is the index for the month specified in Column "B" of Appendix "A" and the All Items Index B1 is the index for the same month in the previous year.

 

       (3)    For the purpose of determining which All Items Index is applicable to an order, the All Items Index for the month specified in Column "B" of Appendix "A" is applicable to the month specified in Column "A" of Appendix "A".

Section 4 added: O.I.C. 83-965, N.S. Reg. 188/83.

 

5     The amount of the payment as varied pursuant to Section 38 of the Act and these regulations shall be rounded to the nearest dollar and this rounded payment shall be the payment for the purpose of the Act and these regulations and for the purpose of variances pursuant to Section 38 of the Act.

Section 5 added: O.I.C. 83-965, N.S. Reg. 188/83.

 

6     Where the amount of the payment specified in an order is less than five dollars per month, the provisions of Section 38 of the Act and these regulations shall not apply.

Section 6 added: O.I.C. 83-965, N.S. Reg. 188/83.

 

7     For the purpose of Section 38 of the Act

 

                (a)    an order is made for the benefit of a person who is in receipt of family benefits or municipal assistance if, at the time of the making of the order, the person is in receipt of family benefits or municipal assistance, or at any time while there is an order in effect pursuant to the Act, the person is in receipt of family benefits or municipal assistance;

 

                (b)    a certificate in Form "A", attached hereto and forming part of these regulations, from the Director of Family Benefits shall be proof of the fact that a person is in receipt of family benefits; and

 

                (c)    a certificate in Form "B", attached hereto and forming part of these regulations, from the Director of Municipal Social Services for the Province of Nova Scotia or a Director of Municipal Social Services for the appropriate municipality shall be proof of the fact that the person is in receipt of municipal assistance.

Section 7 added: O.I.C. 83-965, N.S. Reg. 188/83.

 

8     (1)    For the purpose of Section 42(5) the certificate of judgement shall be in Form "C" attached hereto and forming part of these regulations.

 

       (2)    For the purpose of Section 42(8) the certificate of discharge shall be in the form of a satisfaction piece as contained in Form "D" attached hereto and forming part of these regulations.

Section 8 added: O.I.C. 83-965, N.S. Reg. 188/83.

 

9     Where the law of the Province is applied in the making of an order for the periodic payment of maintenance pursuant to the Maintenance Orders Enforcement Act and the order is enforced pursuant to the Maintenance and Custody Act, the provisions of Section 38 of the Act apply to the order.

Section 9 added: O.I.C. 83-965, N.S. Reg. 188/83.

 

10   For the purposes of subsection (1) of Section 54 of the Act, the term “records” does not include records, information, income tax returns, documentation or correspondence associated therewith or any information derived therefrom in the possession and custody of the Minister of Finance or the Department of Finance of the Province of Nova Scotia, which has been provided to that Minister or Department pursuant to the Income Tax Act, S.C. 1970 -71 -72, c. 63, the Income Tax Act, R.S.N.S. 1989, c. 217, or which has been provided to that Minister or Department pursuant to a Tax Collection Agreement between Canada and the Province.

Section 10 added: O.I.C. 85-1397, N.S. Reg. 236/85.

[Note: Effective October 22, 2013, the reference to the Minister of Finance should be read as a reference to the Minister of Finance and Treasury Board in accordance with Order in Council 2013-348 under the Public Service Act, R.S.N.S. 1989, c. 376.]

 

11   For the purpose of Section 32 of the Act, the phrase "some other responsible person" does not include

 

                (a)    the Department of Community Services, Province of Nova Scotia or a member of the staff thereof;

 

                (b)    a municipality, city or incorporated town or a member of the staff thereof including a member of the staff of a social services office of a municipality, city or incorporated town;

 

                (c)    an agency within the meaning of the Children and Family Services Act or a member of the staff thereof,

 

unless the Department, municipality, city, incorporated town, agency or member of the staff thereof has given consent to the payment of maintenance to them on behalf of the person for whose benefit the payment is ordered.

Section 11 added: O.I.C. 86-762, N.S. Reg. 151/86.


Appendix “A” - Applicable All Items Index


Column “A”

Column “B”

Orders for the Periodic Payment of Maintenance dated in the month of:

ALL ITEMS INDEX

for the Month of

January

January

February

February

March

March

April

April

May

May

June

June

July

July

August

August

September

September

October

October

November

November

December

December

Appendix "A" added: O.I.C. 83-965, N.S. Reg. 188/83.


Form 1 - Application and Summons
F. No.

In the Family Court for the Province of Nova Scotia

BETWEEN:
- APPLICANT

- and -
- RESPONDENT

TAKE NOTICE that an application has been made by the undersigned to the judge presiding at the Family Court in _________________, Nova Scotia, on the ____ day of ______________19____, at the hour of _____ o'clock in the _______ noon, or so soon thereafter as the application can be heard for ________
_____________________________.

_________________________
Applicant

I am the Applicant herein and make oath and say that the statements contained above are true.

Sworn to before me this _____ day
of ______________ 19_____, at
_______________, Nova Scotia
______________________________
A Commissioner, etc.
______________________________
Applicant

YOU ARE HEREWITH COMMANDED to appear before the presiding judge at the time and place herein stated to answer the Application. If you fail to appear or fail to cause your reply to be filed an order may be made in your absence without further notice to you or you may be liable to arrest and imprisonment.

YOU HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL ENGAGED BY YOU.

Issued at ____________, Nova Scotia, this ___ day of _________, 19___.

TO: ________________________
________________________
________________________
________________________
___________________________
Family Court Officer


Form 2 - Application to Vary and Summons
F. No.

In the Family Court for the Province of Nova Scotia

BETWEEN:
- APPLICANT

- and -
- RESPONDENT

TAKE NOTICE that an application has been made by the undersigned to the judge presiding at the Family Court in ________________, Nova Scotia, on the _____ day of ___________ 19___, at the hour of _____ o'clock in the ______ noon, or so soon thereafter as the application can be heard for a rehearing and variation of the Order dated the ____ day of ______________, 19____, on file herein.

AND FURTHER TAKE NOTICE that this application for a rehearing of the proceedings for a variation of the said Order is made for the following reasons:

________________________
Applicant/Respondent

I am the Applicant/Respondent herein and make oath and say that the statements contained above are true.

Sworn to before me this _____ day
of ____________, 19____, at
________________, Nova Scotia
___________________________
A Commissioner, etc.
___________________________
Applicant/Respondent

YOU ARE HEREWITH COMMANDED to appear before the presiding judge at the time and place herein stated to answer this application. If you fail to appear or fail to cause your reply to be filed an Order may be made in your absence without further notice to you.

YOU HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL ENGAGED BY YOU.

Issued at _____________, Nova Scotia, this ___ day of ___________ 19___.
TO: _____________________
_____________________
_____________________
________________________
Family Court Officer


Form 3 - Reply
F. No.

In the Family Court for the Province of Nova Scotia

BETWEEN:
- APPLICANT

- and -
- RESPONDENT

TAKE NOTICE that the undersigned has received a copy of the application on file herein with respect to a hearing before the judge presiding at the Family Court in

__________, Nova Scotia, on the _____day of _____________ 19___, at the hour of ______ o'clock in the ________ noon, or so soon thereafter as the application can be heard;

AND FURTHER TAKE NOTICE that the undersigned takes issue with the application;

AND FURTHER TAKE NOTICE that the undersigned hereby makes a counter-application for
__________________________
Applicant/Respondent

I am the Applicant/Respondent herein and make oath and say that the statements contained above are true.

Sworn to before me this ____ day
of ____________ 19_____, at
______________, Nova Scotia
___________________________
A Commissioner, etc.
___________________________
Applicant/Respondent

YOU ARE HEREWITH COMMANDED to appear before the presiding judge at the time and place herein stated to answer this application. If you fail to appear or fail to cause your reply to be filed an Order may be made in your absence without further notice to you.

YOU HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL ENGAGED BY YOU.

Issued at ___________, Nova Scotia, this ____day of ___________, 19___.
TO: ______________________
______________________
______________________
______________________
Family Court Officer


Form 4 - Affidavit in Default and Summons
F. No.

In the Family Court for the Province of Nova Scotia

BETWEEN:
- APPLICANT

- and -
- RESPONDENT

TAKE NOTICE that an application has been made by the undersigned to the judge presiding at the Family Court in ______________, Nova Scotia, on the _____ day of ___________, 19____, at the hour of _____ o'clock in the _______ noon, or so soon thereafter as the undersigned Affidavit can be dealt with.

I (name): _______________________________________________________
of (address in full): _______________________________________________
(occupation): ____________________________________________________

make oath and say as follows:

1. That on the ____ day of _____________, 19____, an Order was made against ________________________ that he should pay the sum of ________ dollars per ________ for the maintenance of _______________________.

2. That since the making of the said Order he has failed to make the payments as ordered and is in arrears in the amount of ________ as of ________________.

3. I wish that this Order be enforced by this Honourable Court.

Sworn to before me this _____ day
of _____________, 19____ at
_________________, Nova Scotia
___________________________
A Commissioner, etc.
___________________________

YOU ARE HEREWITH COMMANDED to appear before the presiding judge at the time and place herein stated to answer this Affidavit. If you fail to appear or fail to cause your reply to be filed an Order may be made in your absence without further notice to you or you may be liable to arrest and imprisonment.

YOU HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL ENGAGED BY YOU.

Issued at ____________, Nova Scotia, this ____ day of __________, 19____.
TO: ________________________
________________________
________________________
________________________
Family Court Officer


Form 5 - Warrant
F. No.

In the Family Court for the Province of Nova Scotia

BETWEEN:
- APPLICANT

- and -
- RESPONDENT

WHEREAS an Application and Summons was issued on the ___ day of _____________, 19____, between the parties herein;

AND WHEREAS _______________ did not appear at the time and place appointed in and by a Summons issued herein, and it has now been proven to me upon oath that the Summons was duly served upon

(Initial appropriate paragraph)

(or)

AND WHEREAS I have been satisfied by evidence upon oath that the said ____________________ will not appear without being compelled to;

THESE ARE THEREFORE TO COMMAND you in Her Majesty's name, forthwith to apprehend the said ___________________ and to bring before the judge presiding at the Family Court at ______________, Nova Scotia, to answer to the said Application and to be further dealt with according to law provided, however, if after 3:30 o'clock in the afternoon or on a weekend, or on a holiday this warrant is executed, remand the person herein named to a provincial correctional facility, to be arraigned at the first session of the Family Court.

GIVEN UNDER MY HAND at ______________, Nova Scotia, this ____ day of ______________, 19____.
____________________________
Judge of the Family Court for
the Province of Nova Scotia
TO: All or any of the Constables
and other Peace Officers in
the Province of Nova Scotia
Form 5 amended: O.I.C. 90-1087, N.S. Reg. 252/90.


Form 6 - Warrant of Commitment
F. No.

In the Family Court for the Province of Nova Scotia

BETWEEN:
- APPLICANT

- and -
- RESPONDENT

WHEREAS an Order was made on the ____ day of ____________, 19____, requiring __________________________ to pay the sum of ____________ dollars per ______________;

AND WHEREAS _____________ dollars of the said sums to be paid under the said Order have not been paid;

AND WHEREAS the said __________________________ appeared (was brought) before me, the undersigned, a Judge of the Family Court for the Province of Nova Scotia on the ____ day of ____________, 19____ by virtue of a Summons requiring him to appear (Warrant to apprehend the said _______________________ and bring him before me) to explain such default and has failed to satisfy me that he had reasonable excuse for such default;

THESE ARE, THEREFORE, TO COMMAND YOU, the said Constables and/or Peace Officers, or any of you, to take the said __________________________ and safely convey him to the said __________________________ and there deliver him to the _______________ thereof together with his precept;

And I do hereby command you, the said ________________________ of the said _______________________ to receive the said ________________________ into your custody in the said ________________________ there to imprison him for the term of _________________ unless the said sum and costs and charges of commitment, amount to the further sum of ___________ and the costs _________ and charges of conveying him to the said ______________________ are sooner paid unto you, the said Keeper, and to transmit such sums so paid to the Family Court from which this Warrant is issued, and for your so doing this shall be your sufficient Warrant.

GIVEN under my hand this ____ day of _____________, 19____, at ____________ in the County of ______________, Province of Nova Scotia.
____________________________
A Judge of the Family Court for
the Province of Nova Scotia


Form 7 - Bond
F. No.

In the Family Court for the Province of Nova Scotia

BETWEEN:
- APPLICANT

- and -
- RESPONDENT

WHEREAS an Application and Summons was issued on the ____ day of __________, 19____, between the parties herewith;

AND WHEREAS the Court requires the Respondent to enter into a bond in the sum of one thousand dollars;

KNOW ALL MEN BY THESE PRESENTS that we:

1. (name, address and occupation):
2. (name, address and occupation):
3. (name, address and occupation):

are held and firmly bound unto the Applicant/Family Court Officer, their heirs, successors, representatives and assigns in the sum of one thousand dollars to be paid to the said Applicant/Family Court Officer for which payment well and truly to be made we bind ourselves and each of us by himself, our and each of our heirs, executors and administrators, firmly by these presents, sealed with our seals.

DATED at _________, Nova Scotia, this ____ day of ________, 19__.

NOW THE CONDITION of this obligation is such that if the said _____________________ does not appear before a Judge of the Family Court on the ____ day of _________, 19____ at _____ o'clock in the _____ noon at a hearing of the matters requested in the said Application and at any adjournment of the hearing, then this obligation shall be void

(Initial appropriate paragraph)

(or)

NOW THE CONDITION of this obligation is such that if the said ____________________, his executors, and administrators, do well and truly fulfil the order for making of payments, then this obligation shall become void.
SIGNED, SEALED AND DELIVERED
in the presence of
)
)
)
)


Form 8 - Subpoena and Summons
F. No.

In the Family Court for the Province of Nova Scotia

BETWEEN:
- APPLICANT

- and -
- RESPONDENT

TO: (name and address in full)

You are required to attend at a hearing in the Family Court for the Province of Nova Scotia to be held at _______________ in ______________, Nova Scotia, on __________, the _____ day of ___________, 19____, at _______ o'clock in the ________noon and so on from day to day until the end of the hearing to give evidence on behalf of the ____________________________.

(Disregard if not filled in)

You are also required to bring with you and to produce at the hearing the following documents or things: (describe them)

Failure by you without adequate excuse to obey this Summons may render you liable to arrest and imprisonment.

Issued at ______________, Nova Scotia, this ____ day of ___________, 19____.
_____________________________
Family Court Officer or
Justice of the Peace


Form 9 - Garnishee Order
F. No.

In the Family Court for the Province of Nova Scotia

BETWEEN:
- APPLICANT

- and -
- RESPONDENT

BEFORE HIS HONOUR JUDGE

WHEREAS an Application and Summons was issued on the ____ day of ___________, 19____, between the parties herein;

AND WHEREAS an Order was made on the _____ day of ____________, 19____ requiring _____________________________ (hereinafter called "the Debtor") to pay the sum of __________ dollars per ______________and he has been found to be in default;

AND WHEREAS the Debtor has failed to satisfy the Court that he has reasonable excuse for such default;

AND WHEREAS the Debtor is employed by (name) __________________
of (address in full) _____________________________________________
(hereinafter called "the Garnishee");

IT IS ORDERED that all debts, obligations and liabilities owing, payable or accruing due from the Garnishee to the Debtor be, and the same are hereby attached to answer the said Order for payment, and that service upon the Garnishee of the Garnishee Order shall from the time of service thereof, bind all such debts, obligations or liabilities in the hands of the Garnishee;

IT IS FURTHER ORDERED that the Garnishee shall withhold the amount of $________ per ____________ out of all debts, obligations and liabilities he owes to the Debtor, and that he remit this amount to the Enforcement Office of the Family Court at ______________, Nova Scotia, until further order of this Court, and that the said Enforcement Office designate said amounts payable to _______________.

IT IS FURTHER ORDERED that the Enforcement Officer of the Family Court shall apply the sum of $_________ to the arrears and the sum of $_________ to the current Order;

IT IS FURTHER ORDERED that this Garnishee Order shall remain in effect at the sum of $_________ per ____________ so long as any arrears as aforesaid remain, and after such arrears are expunged then the Garnishee Order shall attach, instead, the sum of $_________ per ____________ subject always to these terms being varied or rescinded by further order of the Court;

IT IS FURTHER ORDERED that a certified true copy of this Garnishee Order may be served by a Family Court Officer on the Garnishee and the Debtor by mailing to each of them such copy by prepaid registered mail and it shall be deemed good and sufficient service.

Issued at _____________, Nova Scotia this ___ day of __________, 19___.
_____________________________
Family Court Officer


Form 10 - Order
F. No.

In the Family Court for the Province of Nova Scotia

BETWEEN:
-APPLICANT

- and -
- RESPONDENT

BEFORE HIS HONOUR _______________________, A JUDGE OF THE FAMILY COURT

Upon reading the Application and all other documents on file herein;

And it appearing that the proper persons have received notice of the hearing in accordance with the Family Court rules;

And upon hearing

And upon consenting hereto;

Now upon motion:

IT IS ORDERED:

Issued at _____________, Nova Scotia the ___ day of __________, 19____.
___________________________
Family Court Officer


Form “A” - Certificate of the Director of Family Benefits

I, __________________________ hereby certify that ________________________ of ____________________________ was in receipt of family benefits pursuant to the Family Benefits Act, on and from the ____ day of ______________ 19,____, to and including the ____ day of _______________ 19,____.
_____________________________
Signature of Director

Dated at ______________ this ____ day of ____________, 19____.


Form “B” - Certificate of the Director of Municipal Social Services
for the Province of Nova Scotia
OR
The Director of Municipal Social Services
for the Municipality of _____________

I, __________________________ hereby certify that ________________________ of ____________________________ was in receipt of municipal assistance pursuant to the Social Assistance Act, on and from the ____ day of ________________ 19,____, to and including the ____ day of ________________ 19,____.
_____________________________
Signature of Director

Dated at ______________ this ____ day of ____________, 19___.

Forms "A" and "B" added: O.I.C. 83-965, N.S. Reg. 188/83.


Form “C” - Certificate of Judgment
19 . F. No.

IN THE FAMILY COURT
HALIFAX, S.S.

BETWEEN
- Applicant

and
- Respondent
Debt,
Costs,
$
__________
Judg't. $_________

Judgement entered in the above action for the _______________________
against ______________________________
for $__________ Debt and $___________ Costs of Suit,
amounting in all to $___________
___________________________
Clerk

I, ____________________________, Clerk of the Family Court of Nova Scotia, at Halifax, Nova Scotia, do certify that the foregoing is a true copy of the original Judgement in the above cause, which Judgement was duly signed on the ______ day of _______________, 19____.

GIVEN under the seal of the said Court at _________________, this ______ day of _______________, 19____.
_____________________________
Clerk

NOVA SCOTIA
S.S. OFFICE OF REGISTRY OF DEEDS,

I certify that the foregoing true copy of a Judgement duly certified by the Clerk of the Family Court under the Seal of the Family Court at _______________________ was produced to be registered in this office at the hour of ___________, the ______day of ______________, one thousand nine hundred and __________________ and was therein registered accordingly in Book __________, page ___________.
____________________________
Registrar of Deeds

Form "C" added: O.I.C. 83-965, N.S. Reg. 188/83.


Form “D” - Satisfaction Piece
19 . F. No.

IN THE FAMILY COURT

BETWEEN
- Applicant

- and -
- Respondent

Satisfaction is hereby acknowledged of the Judgement entered herein on the ____ day of ________________, 19_____ for the sum of $__________ Debt and $_________ Costs recorded at the Registry of Deeds at __________________, N.S., in Book _______ at page ________.

Dated at ______________, Nova Scotia, this ____ day of ____________, 19____.
______________________________
Solicitor for

Form "D" added: O.I.C. 83-965, N.S. Reg. 188/83.