This report addresses the law of financial support between husband and wife insofar as it falls under the legislative jurisdiction of the province. The report contains a draft of the proposed Act, which would give effect to the institute’s recommendations. The report covers the substantive law that establishes and regulates the support obligation between husband and wife. It reviews the process by which the existence of the obligation is established and quantified in a particular case, and the process by which collection is effected. It recommends ways of making improved information available to the courts and discusses orders of support, collection, gifts and transfers for inadequate consideration. A provision for applications on behalf of children is included under the proposed summary procedure, as is a provision for the collection of payments for support of children. The report deals briefly with the Rules relating to the pledging of another spouse’s credit for support, transitional provisions, and amendments to other statutes.
Final Report
Back to Publication SearchMatrimonial Support, Final Report 27
Resource Details
Publication No: | 27 |
FORMAT: | Publications |
TAGS: | divorce, family law, maintenance, marriage, persons and social laws, support |
FILE: | fr027.pdf |
ENACTMENT: |
The Domestic Relations Amendment Act, 1977, SA 1977, c 64 (now Maintenance Enforcement Act, RSA 2000, c M-1), establishing a collection service for support orders which is generally consistent with though different in detail from our recommendations, and providing improved collection procedures which are similar to but in several particulars more stringent than our proposals); The Social Development Amendment Act, 1977 (No. 2), SA 1977, c 92 (now Social Development Act, RSA 2000, c S-12, ss .14, 15); The Consumer and Corporate Affairs Statutes Amendment Act, 1978, SA 1978, c 49, s 2 amending the Debtors’ Assistance Act (now RSA 2000, c D-6, ss 3(2), 3(3), 4(e)-(f), (6)). (Our proposals for change in the substantive law have not yet been implemented.) |