Applying for Child Maintenance Consent Orders in Family Court

Applying for a Child Maintenance

Consent Order in Family Court

The Family Court for the Province of Nova Scotia

Guidelines table amount only

A publication of the Court Services Division

of the Nova Scotia Department of Justice

June 2010

A guide for the person proceeding

without a lawyer

This guide will be helpful to parents who have reached an

agreement about child maintenance and wish to make the

agreement into a court order. Such orders are known as

“consent orders.” The Family Court has the authority to

make these orders under the Maintenance and Custody Act.

A copy of the act is available online at

<www.gov.ns.ca/legislature/legc>.

You may get a consent order without having to attend

a court hearing if you agree about the amount of child

maintenance and a judge accepts your agreement.

A consent order has the same legal force as if it were

made after a court hearing.

The Maintenance and Custody Act refers to the Child

Maintenance Guidelines. These Guidelines help parents

calculate the child maintenance one parent is required to

pay the other parent to support a child or children.

Use this guide when the child is living primarily with one

parent and there are no additional costs such as child care,

health expenses, or extra educational expenses. If you and

the other parent have agreed that child maintenance will

be based solely on the guidelines table amount, then this

guide will be helpful to you.

This guide does not apply to spousal maintenance.

Before entering into a court order, figure out which

sections of the Child Maintenance Guidelines apply to

your situation. The Guidelines are available online at

<http://gov.ns.ca/just/regulations/regs/mcucmg.htm>.

Who can use this guide?

• Parents who are proceeding under the Nova Scotia

Maintenance and Custody Act

• Parents who are married or unmarried

• Parents who agree that child maintenance will be based

on the Guidelines table amount only

Who cannot use this guide?

• Parents who are proceeding under the Divorce Act

• Parents who are not in agreement about child maintenance

• Parents who are not in agreement about paternity.

Paternity means being the child’s biological father

• Parents with split or shared parenting of the children as

defined in sections 8 and 9 of the Child Maintenance

Guidelines

• Parents who are asking the court for special or

extraordinary (or add on) expenses of the children to

be shared by the parents. These expenses are discussed

in section 7 of the Child Maintenance Guidelines

Speak to a lawyer for legal advice about your situation

and to review your consent order before you submit it

to the court. You may need to seek legal advice about

what financial information you need to provide, or the

contents of your consent order, or implications of

agreeing to the arrangements that are proposed in

the consent order.

This guide gives general information only. It does not

explain the law.Court staff can give general information

about how the court works, and about court rules and

procedures. Court staff cannot give legal advice.

For legal advice, contact a lawyer. Look in the

yellow pages of the telephone book under“lawyers.”

A lawyer referral service is available through the

Legal Information Society of Nova Scotia (LISNS).

Call 455-3135 in Metro or 1 800 665-9779 toll free

in Nova Scotia or visit LISNS website at

<www.legalinfo.org>. Legal information is available

by calling LISNS dial-a-law line at 902 420-1888.

This is not a toll free number.

• Parents asking the court to consider an undue hardship

argument concerning child maintenance payments as

discussed in section 10 of the Child Maintenance

Guidelines

• Parents who already have a court order and want to change

it. Check with court staff about information available

to assist you in changing your current court order

Words to Know

Review the Maintenance and Custody Act and the Child

Maintenance Guidelines for full explanations of the terms

listed below.

Parent: A parent can include a biological or adoptive parent,

and people who have been ordered by a court to pay

maintenance for the child.

Child maintenance: Also known as child support, this is

the amount being paid to the parent receiving the money

on behalf of the child or children.

Child Maintenance Guidelines: These Guidelines set out

rules regarding the payment of child maintenance, including

a table (or chart) for the monthly amount payable.

Guidelines table amount: This amount is calculated based

on the gross annual income of the person paying child

maintenance (the paying parent) and the number of children

for whom support is being paid. This amount does not

include a contribution to additional expenses such as child

care or health expenses. See section 7 of the Guidelines

for a complete list of additional expenses for which the

paying parent may have to contribute.

Gross annual income: This amount is the paying parent’s

total yearly income, before taxes. Review sections 15

through 20 of the Child Maintenance Guidelines to help

you determine this amount.

Paying parent: This is the person who is paying child

maintenance.

Recipient parent: This is the person receiving child

maintenance on behalf of the child or children.

What is a consent order?

A consent order is a court order issued by a judge that

states the terms of agreement reached between parents

on the legal issues. In this situation, it is an agreement

about the amount of child maintenance to be paid.

Why is the wording of my consent order

so important?

The Child Maintenance Guidelines require that certain

information be included in a child maintenance order.

In addition, you may decide to enroll in the Maintenance

Enforcement Program to have your consent order enforced

by the program staff. It is important that your consent order

has the information program staff will need to enforce the

order. Make sure you include in your order the clauses

listed in the sample order attached to this guide and the

information listed in step 5 below.

More information about the Maintenance Enforcement

Program is available at <http://gov.ns.ca/just/mep/>

or by calling 424-0050 in Metro or 1 800 357-9248 toll

free in Nova Scotia.

What steps do I take to apply

for a consent order?

There are 9 steps in the process of applying for a consent

order. It is important that you follow each one. If you do

not, your application may be delayed or refused by the court.

You are responsible for making sure that all of your

paperwork is in order. The court staff can assist you,

but they cannot give you legal advice. They cannot

fill in the forms for you.

Step 1: Review list of documents and fee to deliver

to court

To get a court order you must first start a court application

by delivering the proper documents and fee to the court.

The documents and fee required to apply for a consent

order based on the Guidelines table amount are :

• Intake Sheet

• Application and Summons Form

• Court filing fee or waiver of fee application. For current fee

information contact court staff or visit the Courts of Nova

Scotia website at <www.courts.ns.ca/General/fees.htm>

• Paying parent’s income information

• Consent order

Step 2: Get and complete the Intake Sheet and the

Application and Summons Form

You can get a copy of the Intake Sheet and Application

and Summons Form from the court administration office.

Addresses are listed at the back of this guide. If you cannot

go to court in person, ask court staff to mail copies to you.

Complete the Intake Sheet and the Application and

Summons Form.

Step 3: Get income information of the paying parent

The court requires income information of the parent who

will be paying maintenance under the consent order

before it will make an order.

The court will need all of the following:

• the last 3 years’ income tax returns and notices of

assessment and reassessment from CRA (Revenue

Canada) or a copy of a CRA printout of the last 3 years’

income tax returns

• the most recent statement of earnings indicating the

total earnings paid in the year to date including overtime.

If such a statement is not provided by the employer, get

a letter from the employer setting out that information

including the person’s rate of annual salary or pay

• confirmation of all other income received during the

last year. Review Sections 15 through 21 of the Child

Maintenance Guidelines to ensure you have collected

all required income information

The court may require additional income information at

any time before issuing your consent order.

Step 4: Determine the Guidelines table amount

The Child Maintenance Guidelines refer to a table

(or chart). You can get a copy of the table from the

court administration office or online at

<http://laws.justice.gc.ca/eng/SOR-97-175/index.html>.

The Province of Nova Scotia has incorporated the

federal child support tables into the provincial Child

Maintenance Guidelines.

Review the table based on the paying parent’s gross annual

income and the number of children involved. Determine

the appropriate monthly amount of maintenance.

Note: If the paying parent does not live in Nova Scotia,

a different table may apply.

Step 5: Prepare the consent order

There is a sample consent order at the back of this guide.

This sample order complies with the Child Maintenance

Guidelines.

Add or remove paragraphs, or change the wording of the

sample order as necessary, to reflect the agreement that

you have reached with the other parent. Make sure that

your consent order includes all of the following:

• the full name and birth date of each child covered by

the order

• the full names of the paying parent and the recipient parent

• the current mailing addresses for the paying parent and

the recipient parent

• the gross annual income of the paying parent

• the guidelines table amount payable on a monthly basis

• the date when payments are to start and the day of the

month that payments are to continue each month

You will have to re-type the sample order. You can also get

copies of a sample order from the court administration office.

Step 6: Parents sign the consent order

Both of the parents must sign the consent order and print

your names underneath your signatures. The signatures

show that you both agree with all of the terms that are in

the order.

The other parent’s signature appears below the line

“consented to:”–if that person is represented by a lawyer,

the lawyer may sign the order for their client.

Step 7: Make copies of the documents to be

filed with the court

Check with staff at the court administration office in your

area to determine the number of copies you must file of

the Intake Sheet,Application and Summons Form, paying

parent’s income information, and the consent order. Make

the required number of photocopies to take to the court.

The court may also require you to deliver stamped envelopes

for the consent order to be sent to you and the other parent

after it has been issued by the court. Check with court staff.

Step 8: Bring all the completed paperwork and the filing

fee to the court administration office

Bring or mail all of the following to the court

administration office:

• the original and the copies of the completed Intake Sheet

• the original and the copies of the Application and

Summons Form

• the filing court fee. Make your cheque payable to

Family Court. For current fee information, contact

court staff or visit the Courts of Nova Scotia website at

<www.courts.ns.ca/General/fees.htm>

• a copy of the paying parent’s income information.

(Bring the originals if possible. They will be returned

to you upon request.)

• the original and the copies of the consent order signed

by both parents (or their lawyers)

• any other documents requested by the court

Court staff may need to meet with you to discuss your

documents. Court staff will tell you when a meeting is

necessary.

Step 9: Your documents are reviewed by a judge

Once court staff are satisfied that you have filed all the

necessary information, they will present your file to a

judge. The judge will review your information and decide

whether to sign your consent order.

If the order is signed by a judge, copies will be sent to you

and the other parent by the court. One copy will be kept

in the court file and court staff will send a copy to the

Maintenance Enforcement Program office.

If the order is not signed,court staff will contact you to make

arrangements for getting further information to the judge.

The judge may ask for more financial information or may

have other questions. Court staff will do one of the following:

• ask you to prepare an affidavit along with your consent

order. An affidavit is a written statement explaining

why you agree with the court order.You must sign the

affidavit under oath. This means your signature must

be witnessed by a lawyer, notary public, or

commissioner for taking oaths.

• or, the judge may ask for the parents to come to court to

explain why the order should be made. Court staff will

make arrangements for a court appearance and will

send each parent a notice of the hearing date.

Do I have to pay the court fee?

That depends on your situation.You may be eligible for

relief from some court fees, if your income falls within the

criteria established in the Costs and Fees Act. Court staff

can provide information about eligibility requirements

and circumstances in which fees may be waived. A copy

of the Costs and Fees Act is available online at

<www.gov.ns.ca/legislature/legc>.

Website addresses to know:

NS Department of Justice - Representing Yourself

www.gov.ns.ca/just/repselfmain.htm

Nova Scotia Courts

www.courts.ns.ca

Nova Scotia Acts & Regulations

www.gov.ns.ca/legislature/legc/

Legal Information Society of Nova Scotia

www.legalinfo.org

List of Court Administration Offices

(Justice Centres):

Amherst

Family Court

16 Church Street

Amherst, NS B4H 3A6

Phone: 667-2256

Fax: 667-1108

Antigonish

Family Court

11 James Street

Antigonish, NS B2G 1R6

Phone: 863-3676

Fax: 863-7479

Bridgewater

Family Court

141 High Street

Bridgewater, NS B4V 1W2

Phone: 543-4679

Fax: 543-0678

Digby/Annapolis

Family Court

119 Queen Street - P.O. Box 1089

Digby, N. S. B0V 1A0

Phone: 245-4567

Fax: 245-6722

Kentville

Family Court

136 Exhibition Street

Kentville, NS B4N 4E5

Phone: 679-6075

Fax: 679-6081

Pictou/New Glasgow

Family Court

69 Water Street

Pictou, NS B0K 1H0

Phone: 485-7025

Fax: 485-8934

Truro

Family Court

540 Prince Street

Truro, NS B2N 1G1

Phone: 893-5840

Fax: 893-6261

Yarmouth

Family Court

164 Main Street

Yarmouth, NS B5A 1C2

Phone: 742-0500

Fax: 742-0678

This is a draft form of order for use in the Family Court only.You must retype or reprint this order and add the specific

information about your case.When you file your order with the court it will be reviewed for accuracy and appropriate

wording. Ultimately it is the judge’s decision about whether to grant your order. For help drafting your order contact a lawyer.

Shaded portions will be completed by court staff.

FORM 21.02B

IN THE FAMILY COURT FOR THE PROVINCE OF NOVA SCOTIA

Between:

A.B.

Applicant

- and –

C.B.

Respondent

Consent Order [Table Amount Only]

BEFORE THE HONOURABLE JUDGE _______________________________________________

UPON READING the Application and all other documents on file herein;

AND UPON IT APPEARING that the proper persons have received notice of the application in

accordance with the Family Court Rules;

AND UPON IT APPEARING that C.B. has a gross annual income of $____________for the purpose

of determining the table amount of child maintenance;

AND UPON the parties consenting hereto;

NOW UPON MOTION:

IT IS ORDERED THAT:

Paternity [must be used if unmarried parents of the child(ren)]

1. C.B. shall be and is hereby declared to be the biological father [a possible father] of the child(ren),

_____________________________________, born, _____________________________________.

F. No.

IT IS FURTHER ORDERED:

Child Maintenance

2. The following child(ren) is/are the subject of this order: _______________________________________

[insert each child’s full name and birth date].

3. C.B. shall pay child maintenance to A.B. pursuant to the provincial Child Maintenance Guidelines and in

accordance with the Nova Scotia table, the amount of $__________ per month, payable on the _____ day

of each month [i.e., lst, 15

, or 30

, etc.], and commencing __________________________ [insert date].

4. [Optional] C.B. shall continue [or acquire and continue] medical, dental and drug plan coverage for the

child/ren available through his/her present or subsequent employer or otherwise [and shall reimburse A.B.

for receipts provided by him/her for submission to the insurer without delay].

5. C.B. shall provide A.B. with a copy of his/her income tax return, completed and with all attachments, even

if the return is not filed, along with all notices of assessment received from Revenue Canada, on an annual

basis on or before June 1st.

IT IS FURTHER ORDERED:

Payment of Maintenance

6. All maintenance payments shall be made payable to A. B. Payments shall be forwarded to the Office of

the Director of Maintenance Enforcement, P.O. Box 803, Halifax, Nova Scotia B3J 2V2, while the order is

filed for enforcement with the Director. The current mailing address of A.B. is ______________________

_____________ and the current mailing address of C.B. is ______________________________________.

IT IS FURTHER ORDERED:

Enforcement

7. All sheriffs, deputy sheriffs, constables and peace officers shall do all such acts as may be necessary to

enforce this order and for such purposes they, and each of them, are hereby given full power and authority

to enter upon any lands and premises whatsoever to enforce the terms of this order.

DATED AT ___________________________, the ___________ day of _______________________, 20____.

ISSUED at ___________________________, Nova Scotia, this _______ day of ________________, 20____.

__________________________

Family Court Officer

CONSENTED TO:

___________________________ _________________________

A.B., Applicant C.B., Respondent