FAMILY MAINTENANCE ENFORCEMENT ACT (Supplement)

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[Supplement]

FAMILY MAINTENANCE ENFORCEMENT ACT

[RSBC 1996] CHAPTER 127

[Updated to October 1, 1998]

1 Section 1 (1) of the Family Maintenance Enforcement Act is amended

(a) in the definition of "court" in paragraph (a) by adding "2.1," after "in sections",

(b) [Spent]

(c) in the definition of "maintenance order" by repealing paragraphs (a) to (c) and substituting the following:

(a) a bench order made under section 2.1,

(b) an interim order made under Part 8 of the Family Relations Act,

(d) an agreement deemed to be a maintenance order under subsection (2), .

1994-36-1(a)(part),(c)(part),(d).

2 The following section is added:

Bench maintenance orders

2.1 (1) A party to an application for a maintenance order or a variation of a maintenance order must file with the court a statement in the prescribed form indicating whether the party wishes the maintenance order filed with the director.

(2) The statement may be filed under subsection (1) at any time up to the hearing of the application for the maintenance order or for the variation of a maintenance order.

(3) If a statement requesting the filing of a maintenance order with the director has been filed under subsection (1), both parties must complete and file with the court before the hearing of the application an enforcement statement in the prescribed form.

(4) If a statement requesting the filing of a maintenance order with the director has been filed under subsection (1), the court, on making or varying the maintenance order, must make a bench order in the prescribed form setting out the terms of the maintenance order.

(5) A bench order must be completed and signed by the court at the time the maintenance order is made and must be filed with the court immediately after it is signed, even if the maintenance order has not been settled or signed at that time.

(6) The clerk or registrar of the court that makes the bench order must

(a) file the bench order with the director promptly after it is signed by and filed with the court, and

(b) forward each enforcement statement to the director with the bench order.

1988-3-2.1; 1994-36-3.

Sections Spent

3 and 4 {Spent]

Section Repealed

5 [Repealed 1997-19-7.]

Section Spent

6 [Spent]

7 Section 33 (2) is amended by adding "2.1," after "sections".

1994-36-27(part).

8 Section 49 (1) is amended by adding the following paragraph:

(a.1) knowingly gives false information in an enforcement statement filed under section 2.1 (3); .

1994-36-33(part).

Commencement

9 (1) [Spent]

(2) Sections 1 (a) and (c), 2,5, 7 and 8 come into force by regulation of the Lieutenant Governor in Council.

1998-19-2.