Bill 232 — Second Session, 22Nd Legislature, 39 Elizabeth Ii the Legislative Assembly of Alberta Bill 232 An Act To Amend Certain Statutes On Maintenance (Legislature 22, Session 2)

L22 S2 2764

Alberta — Bills

1990 BILL 232 Second Session, 22nd Legislature, 39 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 232

AN ACT TO AMEND CERTAIN STATUTES ON MAINTENANCE MS. M. LAING First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 232 Ms. M. Laing BILL 232 1990

AN ACT TO AMEND CERTAIN STATUTES ON MAINTENANCE (Assented to , 1990) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1(1) The Mamtenance Enforcement Act is amended by this section.

(2) Section 1 is amendedby adding the following after subsection (3):

(4) A maintenance agreement entered into by 2 spouses who have separated by mutual agreement and who have agreed m wrking that one of them accept from the other specified periodic amounts for support and maintenance is deemed to be a maintenance order under this Act.

(3) Section 5 is repealed and the following is substituted: 5 The Dkector shzJl enforce a maintenance order that is filed with him and the Dkector, for that purpose, may commence and conduct a proceeding in the name of the Director as if he were a creditor under the maintenance order.

(4) Section 15(3) is repealed.

(5) Section 16(6) is amended by deleting "for the latest 3-year period".

(6) Section 31 is repealed.

(7) Section 32 is amended by adding the following after

Explanatory Notes 1 This

section wiU amend

chapter M-0.5 of the Statutes of Alberta, 1985 to improve enforcement of maintenance orders including separation agreements and extends priority of claims beyond the present 3 year retroactive period.

subsection (I):

(2) The Dkector shaU continue to enforce the maintenance order untU he receives notification that the order has been varied, unless the court hearing the appUcation otherwise orders. 2(1) The Domestic Relations Act is amended by this section.

(2) The following

Part is added after

section I: PARTI

Definitions Order for maintenance COHABITANT SUPPORT 2(1) For the purposes of this Part "cohabitant" means (

a) in relation to a man, a woman who is Uving or has lived with the man on a bona fide domestic basis although not married to him; and (

b) in relation to a woman, a man who is living or has lived with the woman on a bona fide domestic basis although not married to her.

(2) For the purposes of this Part "cohabitational relationship" means the relationship between a male and a female cohabitant, being the relationship of Uving or having lived together on a bona fide domestic basis zdthough not married to each other. 3(1) On appUcation by a cohabitant for an order under this Part for maintenance, a Court may make an order for maintenance, as the Court thinks reasonable for the support of (

a) the other cohabkant; (

b) any or aU chUdren of the cohabitational relationship; or (

c) the other cohabitant and any or all children of the cohabitational relationship.

(2) In determming whether to make an order under this Part for maintenance and in fixing any amount to be paid pursuant to such an order, the Court shaU take into consideration the condition, means, needs and other circumstances of each cohabitant, including (

a) the length of the cohabitational relationship;

2 This

section wiU amend

chapter D-37 of the Revised Statutes of Alberta, 1980 to provide for cohabitant support for common-law spouses.

(

b) the functions performed by the cohabitants during cohabitation; (

c) any other agreement or arrangement relatmg to support of the cohabitant.

(3) In making an order under this Part the Court shaU not take into consideration any misconduct of a cohabitant in relation to the cohabkational relationship.

(4) An order made under this Part that provides for the support of a cohabitant should Interim maintenance Order for variation, recision or suspension (

a) recognize any economic advantages or disadvantages to the cohabitant arising from the cohabitational relationship or its breakdown; (

b) apportion between the cohabitants any fmancial consequences arising from the care of any chUd of the cohabitational relationship, or of a chUd of either party that is ki the care and control of the other, over and above the obUgation to pay chUd support; and (

c) reUeve any economic hardship of the cohabitants arising form the breakdown of the cohabitational relationship.

(5) A Court may make an order under this Part that termmates on the happening of a specified event and may impose such other terms, conditions or restrictions in connection therewith as it thinks fit and just. 4 Where on an appUcation by a cohabitant for an order under this Part for maintenance, it appears to a Court that the applicant is in immediate need of financial assistance, but k is not practical in the ckcumstances to determine immediately what order, if any, should be made, the Court may order the payment by the respondent, pending the disposal of the appUcation, of such sum or sums as the Court considers reasonable. 5(1) A Court may make an order varying, rescmdmg or suspendmg, prospectively or retroactively a support order or any provision thereof on appUcation by ekher or both cohabitants or former cohabitants.

(2) The Court may include in a variation order any provision that under this Act could have been included m the order m respect of which the variation order is sought.

(3) Before the Court makes a variation order in respect of a support order, the Court shaU satisfy itself that there has been a change m the condition, means, needs or other ckcumstances of ekher former cohabkant smce the making of the support order or the last variation order made in respect to that order, as the case may be, and, m making the variation order, the Court shaU take into consideration that change.

(4) In making a variation order the Court shaU not take into consideration any conduct that under this Act could not have been considered in making the order in respect of which the variation order is sought.

(5) A variation order varying a support order that provides for the support of a former cohabitant should (

a) recognize any economic advantages or disadvantages to the former cohabitants arising from the cohabitational relationship or its breakdown; (

b) apportion between the former cohabitants any financial consequences arising from the care of any child of the cohabitational relationship, or of a chUd of either party that is in the care and control of the other, over and above the obUgation to pay chUd support; and (

c) reUeve any economic hardship of the former cohabitants arising from the breakdown of the cohabitational relationship.

(6) Notwithstanding

section 5(1), where a support provides for a defiiute period or untU the happening of a special event, a court may not, on an appUcation instituted after the expkation of that period or the happening of that event, make a variation order for the purpose of resuming that support uiUess the court is satisfied that (

a) a variation order is necessary to reUeve economic hardship arising from a change described in subsection (3) that is related to the cohabkation relationship; and (

b) the changed ckcumstances, had they existed at the time of the makmg of the support order or the last variation order made m respect of that order, as the case may be, would Ukely have resulted m a different order. Title: 1990 (22nd 2nd) Bill 232,

An Act to Amend Certain Statutes on Maintenance

Document details

Collection	Alberta — Bills
Citation	L22 S2 2764
Type	bill
Volume / chapter	L22 S2 2764
Language	en
Format	json
Source	PROVINCIAL
Identifier	83eb69c7317f65b10f32f9c49fac60cda623f33b

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