Improving Child Support Processes

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On November 3, 2023, New Brunswick filed Regulation 2023-59 under the Interjurisdictional Support Orders Act, making amendments to various sections and definitions. The primary focus of these changes is to align the terminology with “ordonnances alimentaires” (food support orders) instead of the previous term “ordonnances de soutien” (support orders). This adjustment reflects a shift toward prioritizing child support, enhancing clarity and precision in legal language.

The regulation includes several amendments. Firstly, it updates the French language provisions by replacing “ordonnances de soutien” with “ordonnances alimentaires” across multiple sections, thereby providing a more specific understanding of support related to food and financial obligations for dependents. In Section 2, the definitions related to child support are revised. The English version defines “child support guidelines” to mean the Federal Guidelines as outlined in the Child Support Guidelines Regulation under the Family Law Act, with a corresponding definition added in French to emphasize the focus on federal guidelines.

Additionally, several forms related to applications for support and modifications are updated. References to forms have changed from “Form 1” to “Form A.1,” and similar adjustments are made for other forms, such as “Form 2” to “Form A.2.” These updated forms include applications for child support, requests for extraordinary expenses, and financial information statements. The regulation also introduces new forms labeled from A.1 to M, which streamline the process for individuals seeking support orders, addressing various situations including child status and financial statements.

Furthermore, many older forms, ranging from Form 1 to Form 16, are repealed, indicating a significant modernization of the procedural framework governing support orders, making it more user-friendly and efficient. In Section 3, the phrase “ordinarily resides” is replaced with “habitually resides,” providing a clearer legal standard for determining jurisdiction and residency in support cases.

The overarching aim of Regulation 2023-59 is to improve the clarity and effectiveness of the Interjurisdictional Support Orders Act by standardizing language, updating forms, and ensuring the legal framework addresses the nuances of child support obligations. These modifications are intended to improve accessibility for individuals seeking support orders, aligning the legal process with contemporary family law standards.

New Brunswick Regulation 2023-59 represents an update to the existing framework of support orders, emphasizing child support and facilitating easier access to legal processes for affected individuals. By focusing on precise terminology and updated forms, the regulation aims to improve legal procedures associated with child support, to make them both effective and user-friendly.

New Brunswick (2023-59) November 3, 2023