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Volume 59, No. 23

290/2016

The British Columbia Gazette,

Part II

December 13, 2016

B.C. Reg. 290/2016 , deposited December 7, 2016, under the INTERJURISDICTIONAL SUPPORT ORDERS ACT [section 44 (2)]. Order in Council 899/2016, approved and ordered December 6, 2016.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Interjurisdictional Support Orders Regulation, B.C. Reg. 15/2003, is amended as set out in the attached Schedule.

— S. ANTON, Attorney General and Minister of Justice ; M. MORRIS, Presiding Member of the Executive Council .

Schedule

1 Sections 1 and 2 of the Interjurisdictional Support Orders Regulation, B.C. Reg. 15/2003, are repealed and the following substituted:

Definitions

1 In this regulation:

“Act” means the Interjurisdictional Support Orders Act ;

“child support guidelines” has the same meaning as in

section 1 of the Family Law Act Regulation, B.C. Reg. 347/2012.

Required information – sections 9 (1) and 29 (1) of Act

(1) The notice referred to in sections 9 (1) and 29 (1) of the Act must require a respondent to provide the following:

(

a) the respondent’s response to the support application or support variation application, as the case may be;

(

b) subject to subsection (2), the respondent’s financial information in one of the following forms:

(

i) if the notice relates to a support application or support variation application in the Provincial Court, Form 4 “Financial Statement” of the Provincial Court (Family) Rules, B.C. Reg. 417/98, or a form similar to that form;

(ii) if the notice relates to a support application or support variation application in the Supreme Court, Form F8 “Financial Statement” of the Supreme Court Family Rules, B.C. Reg. 169/2009, or a form similar to that form.

(2) Subsection (1) (

b) applies only to a respondent who is responding to one or both of the following:

(

a) a support application or support variation application respecting spousal support;

(

b) a support application or support variation application respecting child support and at least one of the following applies:

(

i) the application is for the respondent to pay child support;

(ii) the application involves a child for whom support is claimed who is at least 19 years of age;

(iii) the income of the person asked to pay child support is more than $150 000;

(iv) the application includes a claim for special or extraordinary expenses under

section 7 of the child support guidelines;

(

v) there are two or more children, the applicant and respondent are both guardians of each of the children, and each guardian has the majority of parenting time with one or more of those children;

(vi) the applicant and respondent have parenting arrangements in which each has at least 40% of the parenting time, and the child is the subject of the application;

(vii) the application includes a claim of undue hardship under

section 10 of the child support guidelines;

(viii) the application is for an amount of support other than the amount set out in the applicable table in

Schedule I to the child support guidelines.

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