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"Point in Time" Regulation Content

Family Relations Act

Child Support Recalculation Pilot Project Regulation

B.C. Reg. 129/2006

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Regulation March 18, 2013

 Regulation BEFORE repealed by BC Reg 347/2012, effective March 18, 2013.

B.C. Reg. 129/2006
O.C. 346/2006
Deposited May 18, 2006
effective June 1, 2006

Family Relations Act

Child Support Recalculation Pilot Project Regulation

 Definitions

1  In this regulation:

"Act" means the Family Relations Act;

"child support" has the same meaning as in section 93.3 (1) of the Act;

"child support guidelines" means the child support guidelines adopted and established under the Child Support Guidelines Regulation, B.C. Reg. 61/98;

"party" means a payee or payor;

"registry" means a registry prescribed under section 2;

"service" means the child support service established under section 93.3 (2) of the Act.

 Prescribed registry

2  The Kelowna Provincial (Family) Court Registry is prescribed for the purposes of section 93.3 of the Act.

 Income information to be provided to child support service

3  (1)  On request by the service, a person described in section 93.3 (6) of the Act must provide the service with

(a) a copy of the personal income tax return filed for the most recent taxation year by the party specified in the request, and

(b) a copy of every notice of assessment and reassessment issued to the party for the most recent taxation year.

(2)  A person must provide the income information requested under subsection (1) no later than 30 days after the date the person is deemed, under section 11, to have received the request.

[am. B.C. Reg. 183/2007, s. 1.]

 Contact information

4  (1)  On request by the service, a party must provide the service with the party's address, email address, telephone number and fax number.

(2)  A party must notify the service, in writing, of a change in the contact information provided under subsection (1) no later than 30 days after the change occurs.

 Authorization to release income tax information

5  The form attached as the Schedule to this regulation is prescribed for the purposes of authorizing the release of income tax information under section 93.3 (8) of the Act.

[am. B.C. Reg. 183/2007, s. 2.]

 Recalculation without income information

6  If a party does not provide information under section 3 (1) within the time period required by section 3 (2), the service may, for the purposes of section 93.3 (7) of the Act, recalculate the amount of child support by applying a 10% increase to the income of the party used to determine the current child support.

 Prescribed amount for the purposes of section 93.3 (9)

7  The prescribed amount for the purposes of section 93.3 (9) of the Act is $5 more or $5 less per month than the current child support.

 Notification of recalculated amount

8  (1)  The service must notify each party in writing of the recalculated amount.

(2)  Notification under subsection (1) may be sent by regular mail to the last known address of the party in the records of the service.

 Service must decline recalculation

9  The service must decline to recalculate a child support amount

(a) in an order made in accordance with

(i)  section 3 (2), 4 (b), 5, 9, 10, 17 or 19 (1) (a) or (c) to (i) of the child support guidelines, or

(ii)  the Interjurisdictional Support Orders Act, or

(b) if all or a part of the income used to determine the child support amount is self-employment or partnership income.

[am. B.C. Reg. 183/2007, s. 3.]

 Requirements for recalculation under child support agreements

10  In order for the service to recalculate child support established under a child support agreement, the agreement must include the following terms:

(a) agreement by the parties that the service may recalculate the child support amount annually, based on the parties' income information provided under section 93.3 of the Act;

(b) agreement that the parties will notify the service, in writing, of a change in address, email address, phone number, and fax number, no later than 30 days after the change;

(c) acknowledgement by the parties that

(i)  they are required to provide income information to the service no later than 30 days after the date the party is deemed, under section 11, to have received a written request for the information from the service, and

(ii)  if they fail to provide the income information within the required time period, the service may recalculate and increase the child support amount, in accordance with the Act and the regulations.

[am. B.C. Reg. 183/2007, s. 4.]

 Deemed receipt

11  A notice or other document required to be given or delivered to a person under this regulation or section 93.3 of the Act is deemed to have been received by the person 5 days after the date on which it was sent.

[en. B.C. Reg. 183/2007, s. 5.]

 Request to correct statement of recalculation

12  (1)  A party may make a request under section 93.3 (9.2) of the Act no later than 5 days after the date the party is deemed, under section 11, to have received a statement of recalculation from the service.

(2)  A request under subsection (1) may be made by telephone, facsimile or mail.

[en. B.C. Reg. 183/2007, s. 5.]

Form

Release of Information

[en. B.C. Reg. 183/2007, s. 6.]

[Provisions of the Family Relations Act, R.S.B.C. 1996, c. 128, relevant to the enactment of this regulation: section 129]