**A Caseworker's Guide to Processing Cases with Foreign Reciprocating
Countries - Appendix 6 - Canada**

This appendix to "A Caseworker's Guide to Processing Cases with Foreign
Reciprocating Countries" (IM-03-07) describes basic requirements for
forms and procedures for use with foreign reciprocating country (FRC)
Canadian provinces and territories and provides policy information
regarding each jurisdiction.

Canada is a Federal state, composed of ten provinces and three
territories, each with its own government and power to make laws. The
Canadian Constitution divides family law matters between the Federal and
the provincial and territorial governments.

Canadian provinces and territories are adopting and implementing
Interjurisdictional Support Orders Act (ISO) legislation and related
forms and procedures. Under ISO, Canadian provinces and territories are
able to register and enforce a support order from other Canadian
provinces and territories and from foreign reciprocating states such as
the U.S. If registration is not possible, the order will be treated as
an application to establish an enforceable support obligation in the
Canadian jurisdiction for the benefit of a foreign applicant. Also
pursuant to ISO, if no order exists, a IV-D agency can send an
application to establish a support order in the province or territory in
which the respondent resides.

Support orders made under provincial/territorial ISO or foreign
jurisdictions' laws would be governed by ISO if a modification were
sought. The responding provincial/territorial maintenance enforcement
program would file the application with the appropriate local court
which would conduct the modification review. A couple who had obtained a
divorce under the Canadian Federal Divorce Act would need to have a
modification dealt with under the Federal Divorce Act (FDA). FDA orders
can only be granted and varied in a Canadian court. ISO rules do not
currently apply to FDA orders, i.e., the ISO modification process is not
available where an existing Canadian order was made under the FDA. The
IV-D agency should contact the provincial/territorial authority for
information on the procedures which would need to be followed to pursue
modification of an FDA order in a Canadian court were such a situation
to arise.

No fees will be charged to custodial parents in the U.S. As in the U.S.,
some fees might be collected from a Canadian resident noncustodial
parent.

**Outgoing Child Support Packages from the U.S. to Canada**

Reciprocating Canadian provinces/territories have agreed to continue to
accept UIFSA forms \[http://www.acf.hhs.gov/programs/cse/forms/\] plus
any specific responding jurisdiction requirements. Additional
information on specific policies and procedures is provided in the
following subsection for that province or territory.

Canadian provinces and territories will do a quick locate. If a U.S.
child support agency wishes to know whether a debtor is located in the
Canadian jurisdiction before preparing a full application to enforce or
establish an order, that agency may make a limited services locate-only
request to a province or territory.

The initial contact information for reciprocating provinces and
territories may be found in the address section of OCSE's online
Intergovernmental Referral Guide
\[http://151.196.108.20/irg/index.asp\]. However, for status requests
and other follow-up on ongoing cases, the contact provided with the
acknowledgement to the original request should be used.

+------------+---------------------------------------------------------+
| *          | ## Internet                                             |
| *Provinces |  Links to Forms, Instructions, and/or Other Information |
| and        |                                                         |
| ter        |                                                         |
| ritories** |                                                         |
+------------+---------------------------------------------------------+
| Alberta    | <http://www.justice.gov.ab.ca/mep/>                     |
+------------+---------------------------------------------------------+
| British    | <http:                                                  |
| Columbia   | //www.ag.gov.bc.ca/family-justice/help/fmep/index.htm>; |
|            | <http://www.ag.gov.bc.ca/family-justice                 |
|            | /resources/brochures_booklets/iso/pdf-instructions.htm> |
+------------+---------------------------------------------------------+
| Manitoba   | <http://www.gov.mb.ca/justice/family/familyindex.html>; |
|            | <ht                                                     |
|            | tp://www.gov.mb.ca/justice/family/iso/formsummary.html> |
+------------+---------------------------------------------------------+
| New        | <http://gnb.ca/0062/fsos/>                              |
| Brunswick  |                                                         |
+------------+---------------------------------------------------------+
| Ne         | **<http:/                                               |
| wfoundland | /www.justice.gov.nl.ca/just/CIVIL/supportenforce.htm>** |
|            |                                                         |
|            | [http://www.gov.nf.ca/just/CIVIL/Forms/support          |
|            | forms.htm](h                                            |
|            | ttp://www.gov.nf.ca/just/CIVIL/Forms/support forms.htm) |
+------------+---------------------------------------------------------+
| Northwest  | [[http://www.justice                                    |
| T          | .gov.nt.ca/Maintenance/maintenance.htm]{.underline}](ht |
| erritories | tp://www.justice.gov.nt.ca/Maintenance/maintenance.htm) |
+------------+---------------------------------------------------------+
| Nova       | <http://www.gov.ns.ca/just/mep/>                        |
| Scotia     |                                                         |
+------------+---------------------------------------------------------+
| Nunavut    | <http://www.justice.gov.nu.ca/english/courtserv.html>   |
+------------+---------------------------------------------------------+
| Ontario    | <http://www.cfcs.gov.on.ca/CFCS/e                       |
|            | n/programs/SCS/FamilyResponsibilityOffice/default.htm>; |
|            | <http://www.cfcs.gov.on.ca/CFCS/en/progr                |
|            | ams/SCS/FamilyResponsibilityOffice/Forms/ISO+FORMS.htm> |
+------------+---------------------------------------------------------+

**Incoming Child Support Packages from Canada to the U.S.**

+----------------------------+-----------------------------------------+
| **IF the person in Canada  | **THEN complete these forms and         |
| wants to....**             | documents....**                         |
+----------------------------+-----------------------------------------+
| Establish a new (initial)  | -   UIFSA Transmittal & Acknowledgement |
| support assessment/order   |                                         |
| in the U.S. including the  | -   UIFSA Uniform Support Petition      |
| establishment of paternity |                                         |
|                            | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   UIFSA Affidavit in Support of       |
|                            |     Establishing Paternity (where       |
|                            |     applicable)                         |
+----------------------------+-----------------------------------------+
| Register and enforce an    | -   UIFSA Transmittal & Acknowledgment  |
| existing order in the U.S. |                                         |
|                            | -   Registration Statement              |
|                            |                                         |
|                            | -   2 copies, one sworn, of the         |
|                            |     existing order                      |
|                            |                                         |
|                            | -   Certified/sworn statement of        |
|                            |     arrears                             |
+----------------------------+-----------------------------------------+
| Register & modify an       | -   UIFSA Transmittal & Acknowledgment  |
| existing order in the U.S. |                                         |
| because the order is not   | -   2 copies, one certified, of the     |
| modifiable in Canada       |     existing order                      |
|                            |                                         |
|                            | -   UIFSA Uniform Support Petition      |
|                            |                                         |
|                            | -   UIFSA General Testimony (only       |
|                            |     sections applicable to reason for   |
|                            |     modification and recalculation of   |
|                            |     support)                            |
+----------------------------+-----------------------------------------+
| Request modification of an | -   UIFSA Transmittal & Acknowledgement |
| existing U.S. Order or     |                                         |
| Agreement                  | -   2 copies, one certified, of the     |
|                            |     existing (controlling) order        |
|                            |                                         |
|                            | -   UIFSA Uniform Support Petition      |
|                            |                                         |
|                            | -   UIFSA General Testimony (only       |
|                            |     sections applicable to reason for   |
|                            |     modification and recalculation of   |
|                            |     support                             |
+----------------------------+-----------------------------------------+
| Locate a person or provide | -   UIFSA Transmittal & Acknowledgement |
| leads to assets in the     |                                         |
| U.S.                       | -   UIFSA Locate Data Sheet             |
+----------------------------+-----------------------------------------+
| Request status,            | -   UIFSA Transmittal & Acknowledgement |
| assistance, or information |                                         |
| (ex: requesting income     |                                         |
| information for a          |                                         |
| modification, service of   |                                         |
| process, etc.)             |                                         |
+----------------------------+-----------------------------------------+

**Appendix 6A -- Federal Level Reciprocity Agreements Between the U.S.
and Canadian Provinces and Territories**

**Appendix 6B - Alberta, Canada - Forms**

+----------------------------+-----------------------------------------+
| **IF the person in the US  | **THEN complete these forms and         |
| wants to....**             | documents....**                         |
+----------------------------+-----------------------------------------+
| Establish a new (initial)  | -   UIFSA Transmittal & Acknowledgement |
| support assessment/order   |                                         |
| in Alberta including the   | -   UIFSA Uniform Support Petition      |
| establishment of paternity |                                         |
|                            | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   UIFSA Affidavit in Support of       |
|                            |     Establishing Paternity (where       |
|                            |     applicable)                         |
|                            |                                         |
|                            | -   Supporting documentation/evidence   |
|                            |                                         |
|                            | Note: Forms packages must include at    |
|                            | least one originally sworn copy and two |
|                            | photocopies.                            |
+----------------------------+-----------------------------------------+
| Register and enforce an    | -   UIFSA Transmittal & Acknowledgment  |
| existing US order in       |                                         |
| Alberta                    | -   3 certified copies of the US order  |
|                            |                                         |
|                            | -   Certified/sworn statement of        |
|                            |     arrears                             |
+----------------------------+-----------------------------------------+
| Register & modify an       | -   UIFSA Transmittal & Acknowledgment  |
| existing US order in       |                                         |
| Alberta because the order  | -   UIFSA Uniform Support Petition      |
| is not modifiable in the   |                                         |
| US                         | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   3 certified copies of the US Order  |
|                            |                                         |
|                            | -   Supporting documentation/evidence   |
+----------------------------+-----------------------------------------+
| Enforce an existing        | -   UIFSA Transmittal & Acknowledgment  |
| Alberta Order or Agreement |                                         |
| in Alberta                 | -   Copy of the Alberta Order or        |
|                            |     Agreement                           |
|                            |                                         |
|                            | -   Certified/sworn statement of        |
|                            |     arrears                             |
|                            |                                         |
|                            | Alberta can now enforce agreements as   |
|                            | provided in the Alberta Maintenance     |
|                            | Enforcement Regulation. The Regulation  |
|                            | requires that parties use a specific    |
|                            | form. Additional information and the    |
|                            | document is available on our website    |
|                            | at:                                     |
|                            | <http://www.justice.gov.a               |
|                            | b.ca/mep.debtor_info.aspx#jumpRec3532>. |
|                            | Alberta can enforce an agreement made   |
|                            | in a reciprocating jurisdiction if the  |
|                            | agreement is enforceable in the         |
|                            | jurisdiction in which it was made.      |
+----------------------------+-----------------------------------------+
| Modify an existing Alberta | -   UIFSA Transmittal & Acknowledgement |
| Order or Agreement through |                                         |
| the Inter-jurisdictional   | ```{=html}                              |
| Support Orders (ISO)       | <!-- -->                                |
| Authority                  | ```                                     |
|                            | -   UIFSA Uniform Support Petition      |
|                            |                                         |
|                            | ```{=html}                              |
|                            | <!-- -->                                |
|                            | ```                                     |
|                            | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   Copy of Alberta order or agreement  |
|                            |                                         |
|                            | -   Supporting Documentation/Evidence   |
|                            |                                         |
|                            | Note: The maintenance enforcement       |
|                            | program does not conduct the            |
|                            | modification process, but will file the |
|                            | application with the appropriate court  |
|                            | in Alberta.                             |
|                            |                                         |
|                            | The ISO process is [not]{.underline}    |
|                            | available where the existing Canadian   |
|                            | order was made pursuant to the Divorce  |
|                            | Act of Canada. (For further information |
|                            | contact Alberta ISO Counsel.)           |
+----------------------------+-----------------------------------------+
| Locate a person or provide | -   UIFSA Locate Data Sheet             |
| leads to assets in Alberta |                                         |
+----------------------------+-----------------------------------------+
| Request status,            | -   UIFSA Transmittal & Acknowledgement |
| assistance, or information |                                         |
| (ex: requesting income     | \*Note: status (and above referenced    |
| information for a          | verification of jurisdiction where      |
| modification, service of   | respondent resides) requests only -     |
| process, etc.)             | other services noted are not provided   |
|                            | at this time.                           |
+----------------------------+-----------------------------------------+

**Alberta, Canada - Law**

### 

+------------------------------+---------------------------------------+
| **SERVICE OF PROCESS**       |                                       |
+------------------------------+---------------------------------------+
| Check which of the following | \_X\_\_\_personal service             |
| methods are used to serve    |                                       |
| process on an individual:    | \- Notice of Hearing for an           |
|                              | application to establish or modify a  |
|                              | support order is personally served    |
|                              | unless otherwise ordered by the       |
|                              | court.                                |
|                              |                                       |
|                              | [X]{.underline} regular mail (no      |
|                              | receipt)                              |
|                              |                                       |
|                              | \- Notice of Registration of a        |
|                              | foreign order is given by regular     |
|                              | letter mail at the respondent\'s last |
|                              | known address.                        |
|                              |                                       |
|                              | \_\*\_\_\_registered mail (receipted  |
|                              | by addressee only)                    |
|                              |                                       |
|                              | \_\_\*\_\_registered mail (receipted  |
|                              | by anyone at the address)             |
|                              |                                       |
|                              | \_\_\_\*\_publication (example: in a  |
|                              | legal journal, newspaper, public      |
|                              | posting)                              |
|                              |                                       |
|                              | \*these methods may only be used if   |
|                              | so ordered by the Alberta court.      |
+------------------------------+---------------------------------------+
| How is a non-resident or     | Alberta sends all notification to all |
| person whose whereabouts are | clients via regular mail. In the case |
| not known, notified of       | of a client being registered with a   |
| proceedings?                 | reciprocating jurisdiction,           |
|                              | communication would occur via that    |
|                              | office.                               |
|                              |                                       |
|                              | Alberta does search for debtors whose |
|                              | whereabouts are unknown. If           |
|                              | unsuccessful, collection action still |
|                              | takes place.                          |
+------------------------------+---------------------------------------+

STATUTE OF LIMITATIONS

  ------------------------------- ---------------------------------------
  Is there a statute of           Yes. Alberta cannot collect arrears
  limitations for past due        that accrued before July 1, 1984.
  support? If yes describe        

  Is there a statute of           No.
  limitations for establishing    
  paternity? If yes describe      

  Will Alberta accept a petition  Yes.
  if the only issue is support    
  for a prior period, that is, no 
  child is currently entitled to  
  support?                        
  ------------------------------- ---------------------------------------

AMOUNT OF SUPPORT

+------------------------------+---------------------------------------+
| In setting the amount of     | Generally, child support is           |
| support, whose income is     | determined under Child Support        |
| considered in addition to    | Guidelines. Incomes of both the       |
| the income of the            | creditor and debtor are considered.   |
| non-custodial parent? (for   | More information about the Guidelines |
| example: custodial parent's, | is available at the site:             |
| custodial parent's new       | <http://www.canada.justice            |
| spouse, child's, etc)        | .gc.ca/en/ps/sup/pub/iag/approa.html> |
+------------------------------+---------------------------------------+
| How is the amount of support | Child support is determined by the    |
| determined? (examples; by    | Child Support Guidelines which        |
| formula, % of income,        | include                               |
| tribunal discretion, etc)    |                                       |
|                              | -   Tables which set the amount based |
|                              |     on the non-custodial parent\'s    |
|                              |     income and the number of          |
|                              |     children;                         |
|                              |                                       |
|                              | ```{=html}                            |
|                              | <!-- -->                              |
|                              | ```                                   |
|                              | -   Provisions that state that        |
|                              |     special expense amounts in        |
|                              |     addition to the Table amount are  |
|                              |     to be shared proportionately      |
|                              |     between the parents               |
|                              |                                       |
|                              | -   Provisions for amounts higher or  |
|                              |     lower than the Table amount to be |
|                              |     ordered if the court finds that   |
|                              |     payment of the Table amount would |
|                              |     cause undue hardship to either    |
|                              |     parent.                           |
|                              |                                       |
|                              | Spousal support is based on the       |
|                              | circumstances of the parties.         |
+------------------------------+---------------------------------------+
| Does Alberta allow for       | Yes, but this is at the discretion of |
| support for a period before  | the court.                            |
| the parent applied? If yes,  |                                       |
| what is the period allowed   |                                       |
| (for example, from the birth |                                       |
| of the child, from date of   |                                       |
| separation, retroactivity    |                                       |
| support is limited to X      |                                       |
| years, etc)                  |                                       |
+------------------------------+---------------------------------------+

MODIFICATION OF ORDERS

  ------------------------------- ---------------------------------------
  May either party request a      Yes.
  review for modification?        

  Will Alberta modify its         When one party is in the USA, then the
  existing domestic judgment when party in Alberta must utilize the ISO
  one of the parties resides in   or Provisional process to vary an
  the USA and will not return for existing order.
  \-- or refuses to participate   
  in \-- the proceedings?         

  Does Alberta law require        No.
  [automatic]{.underline}         
  adjustments (for example, based 
  on changes in the cost of       
  living, or X% every 3 years,    
  etc)                            

  If yes, are the automatic       N/A
  adjustments considered to be    
  modifications of the order?     

  Is a new order issued as a      N/A
  result of an automatic          
  adjustment?                     

  Is there a minimum or threshold No.
  amount of change that must      
  occur before a modification is  
  made? (for example, the order   
  would need to change by 25      
  dollars or more, or at least    
  10% change in order.)           
  ------------------------------- ---------------------------------------

COST RECOVERY

  ------------------------------- ---------------------------------------
  What costs, if any, are         Currently none.
  recovered from the custodial    
  parent?                         

  What costs, if any, are         Currently none.
  recovered from the              
  non-custodial parent?           
  ------------------------------- ---------------------------------------

**Appendix 6C - British Columbia, Canada - Forms**

+----------------------------+-----------------------------------------+
| **IF the person in the US  | **THEN complete these forms and         |
| wants to....**             | documents....**                         |
+----------------------------+-----------------------------------------+
| Establish a new (initial)  | -   UIFSA Transmittal & Acknowledgement |
| support assessment/order   |                                         |
| in British Columbia        | -   UIFSA Uniform Support Petition      |
| including the              |                                         |
| establishment of paternity | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   UIFSA Affidavit in Support of       |
|                            |     Establishing Paternity (where       |
|                            |     applicable)                         |
|                            |                                         |
|                            | -   Supporting documentation/evidence   |
|                            |                                         |
|                            | Note: Forms packages must include at    |
|                            | least one originally sworn copy and two |
|                            | photocopies.                            |
+----------------------------+-----------------------------------------+
| Register and enforce an    | -   UIFSA Transmittal & Acknowledgment  |
| existing US order in       |                                         |
| British Columbia           | -   3 certified copies of the US order  |
|                            |                                         |
|                            | -   Certified/sworn statement of        |
|                            |     arrears                             |
+----------------------------+-----------------------------------------+
| Register & modify an       | -   UIFSA Transmittal & Acknowledgment  |
| existing US order in       |                                         |
| British Columbia because   | -   UIFSA Uniform Support Petition      |
| the order is not           |                                         |
| modifiable in the US       | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   3 certified copies of the US Order  |
|                            |                                         |
|                            | -   Supporting documentation/evidence   |
+----------------------------+-----------------------------------------+
| Enforce an existing        | -   UIFSA Transmittal & Acknowledgment  |
| British Columbia Order or  |                                         |
| Agreement in British       | -   Copy of the British Columbia Order  |
| Columbia                   |     or Agreement                        |
|                            |                                         |
|                            | -   Certified/sworn statement of        |
|                            |     arrears                             |
+----------------------------+-----------------------------------------+
| Modify an existing British | -   UIFSA Transmittal & Acknowledgement |
| Columbia Order or          |                                         |
| Agreement through the      | ```{=html}                              |
| Inter-jurisdictional       | <!-- -->                                |
| Support Orders (ISO)       | ```                                     |
| Authority                  | -   UIFSA Uniform Support Petition      |
|                            |                                         |
|                            | ```{=html}                              |
|                            | <!-- -->                                |
|                            | ```                                     |
|                            | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   Copy of British Columbia Order or   |
|                            |     Agreement                           |
|                            |                                         |
|                            | -   Supporting Documentation/Evidence   |
|                            |                                         |
|                            | Note: The maintenance enforcement       |
|                            | program does not conduct the            |
|                            | modification process, but will file the |
|                            | application with the appropriate court  |
|                            | in British Columbia.                    |
|                            |                                         |
|                            | The ISO process is [not]{.underline}    |
|                            | available where the existing Canadian   |
|                            | order was made pursuant to the Divorce  |
|                            | Act of Canada. (For further information |
|                            | contact British Columbia ISO Counsel.)  |
+----------------------------+-----------------------------------------+
| Locate a person or provide | -   UIFSA Locate Data Sheet             |
| leads to assets in British |                                         |
| Columbia                   |                                         |
+----------------------------+-----------------------------------------+
| Request status,            | -   UIFSA Transmittal & Acknowledgement |
| assistance, or information |                                         |
| (ex: requesting income     | \*Note: status (and above referenced    |
| information for a          | verification of jurisdiction where      |
| modification, service of   | respondent resides) requests only -     |
| process, etc.)             | other services noted are not provided   |
|                            | at this time.                           |
+----------------------------+-----------------------------------------+

**British Columbia, Canada - Law**

###  

+------------------------------+---------------------------------------+
| **SERVICE OF PROCESS**       |                                       |
+------------------------------+---------------------------------------+
| Check which of the following | \_X\_\_\_personal service             |
| methods are used to serve    |                                       |
| process on an individual:    | \- Notice of Hearing for an           |
|                              | application to establish or modify a  |
|                              | support order is personally served    |
|                              | unless otherwise ordered by the       |
|                              | court.                                |
|                              |                                       |
|                              | [X]{.underline} regular mail (no      |
|                              | receipt)                              |
|                              |                                       |
|                              | \- Notice of Registration of a        |
|                              | foreign order for enforcement is      |
|                              | given by regular letter mail at the   |
|                              | respondent\'s last known address.     |
|                              |                                       |
|                              | \_\*\_\_\_registered mail (receipted  |
|                              | by addressee only)                    |
|                              |                                       |
|                              | \_\_\*\_\_registered mail (receipted  |
|                              | by anyone at the address)             |
|                              |                                       |
|                              | \_\_\_\*\_publication (example: in a  |
|                              | legal journal, newspaper, public      |
|                              | posting)                              |
|                              |                                       |
|                              | \*these methods are used under        |
|                              | certain circumstances or by order of  |
|                              | the court.                            |
+------------------------------+---------------------------------------+
| How is a non-resident or     | A non-resident must be personally     |
| person whose whereabouts are | served with process.                  |
| not known, notified of       |                                       |
| proceedings?                 | If the whereabouts of an individual   |
|                              | are unknown, a court order can be     |
|                              | obtained to serve by publication or   |
|                              | last known address.                   |
+------------------------------+---------------------------------------+

STATUTE OF LIMITATIONS

  ------------------------------- ---------------------------------------
  Is there a statute of           Yes. Where the past due support is
  limitations for past due        child support, the limitation period is
  support? If yes describe        10 years from age 19. Where the past
                                  due support is spousal support, the
                                  limitation is 10 years for each payment
                                  from the date it was due. In either
                                  situation, the 10 years is extended by
                                  an acknowledgement in writing of the
                                  liability or a payment.

  Is there a statute of           No.
  limitations for establishing    
  paternity? If yes describe      

  Will British Columbia accept a  Yes.
  petition if the only issue is   
  support for a prior period,     
  that is, no child is currently  
  entitled to support?            
  ------------------------------- ---------------------------------------

AMOUNT OF SUPPORT

+------------------------------+---------------------------------------+
| In setting the amount of     | The presumptive rule is that the      |
| support, whose income is     | amount of child support ordered is    |
| considered in addition to    | dependent on the number of children   |
| the income of the            | under the age of majority to whom the |
| non-custodial parent? (for   | order relates and the income of the   |
| example: custodial parent's, | parent or spouse against whom the     |
| custodial parent's new       | order is sought.                      |
| spouse, child's, etc)        |                                       |
|                              | However, the Court will look at the   |
|                              | incomes of both parents when          |
|                              | determining what amount the Support   |
|                              | Payor will be ordered to pay to cover |
|                              | the special or extraordinary expenses |
|                              | of the child. In determining the      |
|                              | amount of support in circumstances of |
|                              | undue hardship, there will be a       |
|                              | comparison of household incomes.      |
+------------------------------+---------------------------------------+
| How is the amount of support | Child support is determined by the    |
| determined? (examples; by    | Child Support Guidelines which        |
| formula, % of income,        | include                               |
| tribunal discretion, etc)    |                                       |
|                              | -   Tables which set the amount based |
|                              |     on the non-custodial parent\'s    |
|                              |     income and the number of          |
|                              |     children;                         |
|                              |                                       |
|                              | ```{=html}                            |
|                              | <!-- -->                              |
|                              | ```                                   |
|                              | -   Provisions that state that        |
|                              |     special expense amounts in        |
|                              |     addition to the Table amount are  |
|                              |     to be shared proportionately      |
|                              |     between the parents               |
|                              |                                       |
|                              | -   Provisions for amounts higher or  |
|                              |     lower than the Table amount to be |
|                              |     ordered if the court finds that   |
|                              |     payment of the Table amount would |
|                              |     cause undue hardship to either    |
|                              |     parent.                           |
|                              |                                       |
|                              | Spousal support is based on the       |
|                              | circumstances of the parties.         |
+------------------------------+---------------------------------------+
| Does British Columbia allow  | Yes, but this is at the discretion of |
| for support for a period     | the court.                            |
| before the parent applied?   |                                       |
| If yes, what is the period   |                                       |
| allowed (for example, from   |                                       |
| the birth of the child, from |                                       |
| date of separation,          |                                       |
| retroactivity support is     |                                       |
| limited to X years, etc)     |                                       |
+------------------------------+---------------------------------------+

MODIFICATION OF ORDERS

  ------------------------------- ---------------------------------------
  May either party request a      Yes.
  review for modification?        

  Will British Columbia modify    Yes.
  its existing domestic judgment  
  when one of the parties resides 
  in the USA and will not return  
  for \-- or refuses to           
  participate in \-- the          
  proceedings?                    

  Does British Columbia law       No, however automatic adjustments may
  require [automatic]{.underline} be introduced in the future.
  adjustments (for example, based 
  on changes in the cost of       
  living, or X% every 3 years,    
  etc)                            

  If yes, are the automatic       N/A
  adjustments considered to be    
  modifications of the order?     

  Is a new order issued as a      N/A
  result of an automatic          
  adjustment?                     

  Is there a minimum or threshold No.
  amount of change that must      
  occur before a modification is  
  made? (for example, the order   
  would need to change by 25      
  dollars or more, or at least    
  10% change in order.)           
  ------------------------------- ---------------------------------------

COST RECOVERY

+------------------------------+---------------------------------------+
| What costs, if any, are      | None.                                 |
| recovered from the custodial |                                       |
| parent?                      |                                       |
+------------------------------+---------------------------------------+
| What costs, if any, are      | -   Costs of paternity testing where  |
| recovered from the           |     ordered and the test is positive. |
| non-custodial parent?        |                                       |
|                              | -   Court costs where awarded to the  |
|                              |     custodial parent.                 |
|                              |                                       |
|                              | -   Expenses incidental to prenatal   |
|                              |     care of the mother or child or    |
|                              |     birth of the child.               |
+------------------------------+---------------------------------------+

**Appendix 6D - Manitoba, Canada - Forms**

+---------------------------+---+-----------------------------------------+
| **IF the person in the US | * |                                         |
| wants to....**            | * |                                         |
|                           | T |                                         |
|                           | H |                                         |
|                           | E |                                         |
|                           | N |                                         |
|                           | c |                                         |
|                           | o |                                         |
|                           | m |                                         |
|                           | p |                                         |
|                           | l |                                         |
|                           | e |                                         |
|                           | t |                                         |
|                           | e |                                         |
|                           | t |                                         |
|                           | h |                                         |
|                           | e |                                         |
|                           | s |                                         |
|                           | e |                                         |
|                           | f |                                         |
|                           | o |                                         |
|                           | r |                                         |
|                           | m |                                         |
|                           | s |                                         |
|                           | a |                                         |
|                           | n |                                         |
|                           | d |                                         |
|                           | d |                                         |
|                           | o |                                         |
|                           | c |                                         |
|                           | u |                                         |
|                           | m |                                         |
|                           | e |                                         |
|                           | n |                                         |
|                           | t |                                         |
|                           | s |                                         |
|                           | . |                                         |
|                           | . |                                         |
|                           | . |                                         |
|                           | . |                                         |
|                           | * |                                         |
|                           | * |                                         |
+---------------------------+---+-----------------------------------------+
| Establish a new (initial) | - |                                         |
| support assessment/order  |   |                                         |
| in Manitoba including the |   |                                         |
| establishment of          |   |                                         |
| paternity                 | U |                                         |
|                           | I |                                         |
|                           | F |                                         |
|                           | S |                                         |
|                           | A |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | T |                                         |
|                           | r |                                         |
|                           | a |                                         |
|                           | n |                                         |
|                           | s |                                         |
|                           | m |                                         |
|                           | i |                                         |
|                           | t |                                         |
|                           | t |                                         |
|                           | a |                                         |
|                           | l |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | & |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | A |                                         |
|                           | c |                                         |
|                           | k |                                         |
|                           | n |                                         |
|                           | o |                                         |
|                           | w |                                         |
|                           | l |                                         |
|                           | e |                                         |
|                           | d |                                         |
|                           | g |                                         |
|                           | e |                                         |
|                           | m |                                         |
|                           | e |                                         |
|                           | n |                                         |
|                           | t |                                         |
|                           |   |                                         |
|                           | - |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | U |                                         |
|                           | I |                                         |
|                           | F |                                         |
|                           | S |                                         |
|                           | A |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | U |                                         |
|                           | n |                                         |
|                           | i |                                         |
|                           | f |                                         |
|                           | o |                                         |
|                           | r |                                         |
|                           | m |                                         |
|                           |   |                                         |
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|                           |   |                                         |
|                           |   |                                         |
|                           | S |                                         |
|                           | u |                                         |
|                           | p |                                         |
|                           | p |                                         |
|                           | o |                                         |
|                           | r |                                         |
|                           | t |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | P |                                         |
|                           | e |                                         |
|                           | t |                                         |
|                           | i |                                         |
|                           | t |                                         |
|                           | i |                                         |
|                           | o |                                         |
|                           | n |                                         |
|                           |   |                                         |
|                           | - |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | U |                                         |
|                           | I |                                         |
|                           | F |                                         |
|                           | S |                                         |
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|                           | r |                                         |
|                           | a |                                         |
|                           | l |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | T |                                         |
|                           | e |                                         |
|                           | s |                                         |
|                           | t |                                         |
|                           | i |                                         |
|                           | m |                                         |
|                           | o |                                         |
|                           | n |                                         |
|                           | y |                                         |
|                           |   |                                         |
|                           | - |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | U |                                         |
|                           | I |                                         |
|                           | F |                                         |
|                           | S |                                         |
|                           | A |                                         |
|                           |   |                                         |
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|                           | A |                                         |
|                           | f |                                         |
|                           | f |                                         |
|                           | i |                                         |
|                           | d |                                         |
|                           | a |                                         |
|                           | v |                                         |
|                           | i |                                         |
|                           | t |                                         |
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|                           |   |                                         |
|                           |   |                                         |
|                           | i |                                         |
|                           | n |                                         |
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|                           |   |                                         |
|                           | S |                                         |
|                           | u |                                         |
|                           | p |                                         |
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|                           | o |                                         |
|                           | r |                                         |
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|                           | l |                                         |
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|                           | n |                                         |
|                           | g |                                         |
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|                           | P |                                         |
|                           | a |                                         |
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|                           | w |                                         |
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|                           | p |                                         |
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|                           | ) |                                         |
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|                           |   |                                         |
|                           |   |                                         |
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|                           | u |                                         |
|                           | p |                                         |
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|                           | n |                                         |
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|                           | d |                                         |
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|                           | v |                                         |
|                           | i |                                         |
|                           | d |                                         |
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|                           | o |                                         |
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|                           | F |                                         |
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|                           | m |                                         |
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|                           | m |                                         |
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|                           | a |                                         |
|                           | t |                                         |
|                           | l |                                         |
|                           | e |                                         |
|                           | a |                                         |
|                           | s |                                         |
|                           | t |                                         |
|                           | o |                                         |
|                           | n |                                         |
|                           | e |                                         |
|                           | o |                                         |
|                           | r |                                         |
|                           | i |                                         |
|                           | g |                                         |
|                           | i |                                         |
|                           | n |                                         |
|                           | a |                                         |
|                           | l |                                         |
|                           | l |                                         |
|                           | y |                                         |
|                           | s |                                         |
|                           | w |                                         |
|                           | o |                                         |
|                           | r |                                         |
|                           | n |                                         |
|                           | c |                                         |
|                           | o |                                         |
|                           | p |                                         |
|                           | y |                                         |
|                           | a |                                         |
|                           | n |                                         |
|                           | d |                                         |
|                           | t |                                         |
|                           | w |                                         |
|                           | o |                                         |
|                           | p |                                         |
|                           | h |                                         |
|                           | o |                                         |
|                           | t |                                         |
|                           | o |                                         |
|                           | c |                                         |
|                           | o |                                         |
|                           | p |                                         |
|                           | i |                                         |
|                           | e |                                         |
|                           | s |                                         |
|                           | . |                                         |
+---------------------------+---+-----------------------------------------+
| Register and enforce an   | - |                                         |
| existing US order in      |   |                                         |
| Manitoba                  |   |                                         |
|                           |   |                                         |
|                           | U |                                         |
|                           | I |                                         |
|                           | F |                                         |
|                           | S |                                         |
|                           | A |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | T |                                         |
|                           | r |                                         |
|                           | a |                                         |
|                           | n |                                         |
|                           | s |                                         |
|                           | m |                                         |
|                           | i |                                         |
|                           | t |                                         |
|                           | t |                                         |
|                           | a |                                         |
|                           | l |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | & |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | A |                                         |
|                           | c |                                         |
|                           | k |                                         |
|                           | n |                                         |
|                           | o |                                         |
|                           | w |                                         |
|                           | l |                                         |
|                           | e |                                         |
|                           | d |                                         |
|                           | g |                                         |
|                           | m |                                         |
|                           | e |                                         |
|                           | n |                                         |
|                           | t |                                         |
|                           |   |                                         |
|                           | - |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | 3 |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | c |                                         |
|                           | e |                                         |
|                           | r |                                         |
|                           | t |                                         |
|                           | i |                                         |
|                           | f |                                         |
|                           | i |                                         |
|                           | e |                                         |
|                           | d |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | c |                                         |
|                           | o |                                         |
|                           | p |                                         |
|                           | i |                                         |
|                           | e |                                         |
|                           | s |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | o |                                         |
|                           | f |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | t |                                         |
|                           | h |                                         |
|                           | e |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | U |                                         |
|                           | S |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | o |                                         |
|                           | r |                                         |
|                           | d |                                         |
|                           | e |                                         |
|                           | r |                                         |
|                           |   |                                         |
|                           | - |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | C |                                         |
|                           | e |                                         |
|                           | r |                                         |
|                           | t |                                         |
|                           | i |                                         |
|                           | f |                                         |
|                           | i |                                         |
|                           | e |                                         |
|                           | d |                                         |
|                           | / |                                         |
|                           | s |                                         |
|                           | w |                                         |
|                           | o |                                         |
|                           | r |                                         |
|                           | n |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | s |                                         |
|                           | t |                                         |
|                           | a |                                         |
|                           | t |                                         |
|                           | e |                                         |
|                           | m |                                         |
|                           | e |                                         |
|                           | n |                                         |
|                           | t |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | o |                                         |
|                           | f |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | a |                                         |
|                           | r |                                         |
|                           | r |                                         |
|                           | e |                                         |
|                           | a |                                         |
|                           | r |                                         |
|                           | s |                                         |
+---------------------------+---+-----------------------------------------+
| Register & modify an      | - |                                         |
| existing US order in      |   |                                         |
| Manitoba because the      |   |                                         |
| order is not modifiable   |   |                                         |
| in the US                 | U |                                         |
|                           | I |                                         |
|                           | F |                                         |
|                           | S |                                         |
|                           | A |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | T |                                         |
|                           | r |                                         |
|                           | a |                                         |
|                           | n |                                         |
|                           | s |                                         |
|                           | m |                                         |
|                           | i |                                         |
|                           | t |                                         |
|                           | t |                                         |
|                           | a |                                         |
|                           | l |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | & |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | A |                                         |
|                           | c |                                         |
|                           | k |                                         |
|                           | n |                                         |
|                           | o |                                         |
|                           | w |                                         |
|                           | l |                                         |
|                           | e |                                         |
|                           | d |                                         |
|                           | g |                                         |
|                           | m |                                         |
|                           | e |                                         |
|                           | n |                                         |
|                           | t |                                         |
|                           |   |                                         |
|                           | - |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | U |                                         |
|                           | I |                                         |
|                           | F |                                         |
|                           | S |                                         |
|                           | A |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | U |                                         |
|                           | n |                                         |
|                           | i |                                         |
|                           | f |                                         |
|                           | o |                                         |
|                           | r |                                         |
|                           | m |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | S |                                         |
|                           | u |                                         |
|                           | p |                                         |
|                           | p |                                         |
|                           | o |                                         |
|                           | r |                                         |
|                           | t |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | P |                                         |
|                           | e |                                         |
|                           | t |                                         |
|                           | i |                                         |
|                           | t |                                         |
|                           | i |                                         |
|                           | o |                                         |
|                           | n |                                         |
|                           |   |                                         |
|                           | - |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | U |                                         |
|                           | I |                                         |
|                           | F |                                         |
|                           | S |                                         |
|                           | A |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | G |                                         |
|                           | e |                                         |
|                           | n |                                         |
|                           | e |                                         |
|                           | r |                                         |
|                           | a |                                         |
|                           | l |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           |   |                                         |
|                           | T |                                         |
|                           | e |                                         |
|                           | s |                                         |
|                           | t |                                         |
|                           | i |                                         |
|                           | m |                                         |
|                           | o |                                         |
|                           | n |                                         |
|                           | y |                                         |
|                           |   |                                         |
|                           | - |                                         |
|                           |   |                                         |
|                           |   |                                         |
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+---------------------------+---+-----------------------------------------+
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+---------------------------+---+-----------------------------------------+
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|                           | f |                                         |
|                           | C |                                         |
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|                           | a |                                         |
|                           | d |                                         |
|                           | a |                                         |
|                           | . |                                         |
|                           | ( |                                         |
|                           | F |                                         |
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|                           | r |                                         |
|                           | i |                                         |
|                           | n |                                         |
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|                           | o |                                         |
|                           | r |                                         |
|                           | m |                                         |
|                           | a |                                         |
|                           | t |                                         |
|                           | i |                                         |
|                           | o |                                         |
|                           | n |                                         |
|                           | c |                                         |
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|                           | n |                                         |
|                           | t |                                         |
|                           | a |                                         |
|                           | c |                                         |
|                           | t |                                         |
|                           | M |                                         |
|                           | a |                                         |
|                           | n |                                         |
|                           | i |                                         |
|                           | t |                                         |
|                           | o |                                         |
|                           | b |                                         |
|                           | a |                                         |
|                           | I |                                         |
|                           | S |                                         |
|                           | O |                                         |
|                           | C |                                         |
|                           | o |                                         |
|                           | u |                                         |
|                           | n |                                         |
|                           | s |                                         |
|                           | e |                                         |
|                           | l |                                         |
|                           | . |                                         |
|                           | ) |                                         |
+---------------------------+---+-----------------------------------------+
| Locate a person or        |   | -   UIFSA Locate Data Sheet             |
| provide leads to assets   |   |                                         |
| in Manitoba               |   |                                         |
+---------------------------+---+-----------------------------------------+
| Request status,           |   | -   UIFSA Transmittal & Acknowledgement |
| assistance, or            |   |                                         |
| information (ex:          |   | \*Note: status (and above referenced    |
| requesting income         |   | verification of jurisdiction where      |
| information for a         |   | respondent resides) requests only -     |
| modification, service of  |   | other services noted are not provided   |
| process, etc.)            |   | at this time.                           |
+---------------------------+---+-----------------------------------------+

**Manitoba, Canada - Law**

+------------------------------+---------------------------------------+
| **SERVICE OF PROCESS**       |                                       |
+------------------------------+---------------------------------------+
| Check which of the following | \_X\_\_\_personal service             |
| methods are used to serve    |                                       |
| process on an individual:    | \- Notice of Hearing for an           |
|                              | application to establish or modify a  |
|                              | support order is personally served    |
|                              | unless otherwise ordered by the       |
|                              | court.                                |
|                              |                                       |
|                              | [X]{.underline} regular mail (no      |
|                              | receipt)                              |
|                              |                                       |
|                              | \- Notice of Registration of a        |
|                              | foreign order is given by regular     |
|                              | letter mail at the respondent\'s last |
|                              | known address.                        |
|                              |                                       |
|                              | \_\*\_\_\_registered mail (receipted  |
|                              | by addressee only)                    |
|                              |                                       |
|                              | \_\_\*\_\_registered mail (receipted  |
|                              | by anyone at the address)             |
|                              |                                       |
|                              | \_\_\_\*\_publication (example: in a  |
|                              | legal journal, newspaper, public      |
|                              | posting)                              |
|                              |                                       |
|                              | \*these methods may only be used if   |
|                              | so ordered by the Manitoba court      |
+------------------------------+---------------------------------------+

  ------------------------------- ---------------------------------------
  How is a non-resident or person If the whereabouts of a Manitoba
  whose whereabouts are not       resident are not known but it is known
  known, notified of proceedings? that he/she resides in Manitoba, an
                                  application can be made to the Manitoba
                                  court for an order of substituted
                                  service. \[Substituted service means
                                  that the court may, on an ex parte
                                  motion, order that a document be served
                                  by substituted service using a method
                                  directed by the court, such as
                                  registered mail, regular mail, and
                                  personal service on another person or
                                  publication.\]

  ------------------------------- ---------------------------------------

STATUTE OF LIMITATIONS

  ------------------------------- ---------------------------------------
  Is there a statute of           No.
  limitations for past due        
  support? If yes describe        

  Is there a statute of           No.
  limitations for establishing    
  paternity? If yes describe      

  Will Manitoba accept a petition Yes.
  if the only issue is support    
  for a prior period, that is, no 
  child is currently entitled to  
  support?                        
  ------------------------------- ---------------------------------------

AMOUNT OF SUPPORT

+------------------------------+---------------------------------------+
| In setting the amount of     | The presumptive rule is that the      |
| support, whose income is     | amount of child support ordered is    |
| considered in addition to    | dependant on the number of children   |
| the income of the            | under the age of majority to whom the |
| non-custodial parent? (for   | order relates and the income of the   |
| example: custodial parent's, | parent or spouse against whom the     |
| custodial parent's new       | order is sought.                      |
| spouse, child's, etc)        |                                       |
|                              | However, the Court will look at the   |
|                              | incomes of both parents when          |
|                              | determining what amount the Support   |
|                              | Payor will be ordered to pay to cover |
|                              | the special or extraordinary expenses |
|                              | of the child. In determining the      |
|                              | amount of support in circumstances of |
|                              | undue hardship, there will be a       |
|                              | comparison of household incomes.      |
+------------------------------+---------------------------------------+
| How is the amount of support | Child support is determined by the    |
| determined? (examples; by    | Child Support Guidelines which        |
| formula, % of income,        | include                               |
| tribunal discretion, etc)    |                                       |
|                              | -   Tables which set the amount based |
|                              |     on the non-custodial parent\'s    |
|                              |     income and the number of          |
|                              |     children;                         |
|                              |                                       |
|                              | ```{=html}                            |
|                              | <!-- -->                              |
|                              | ```                                   |
|                              | -   Provisions that state that        |
|                              |     special expense amounts in        |
|                              |     addition to the Table amount are  |
|                              |     to be shared proportionately      |
|                              |     between the parents               |
|                              |                                       |
|                              | -   Provisions for amounts higher or  |
|                              |     lower than the Table amount to be |
|                              |     ordered if the court finds that   |
|                              |     payment of the Table amount would |
|                              |     cause undue hardship to either    |
|                              |     parent.                           |
|                              |                                       |
|                              | Spousal support is based on the       |
|                              | circumstances of the parties.         |
+------------------------------+---------------------------------------+
| Does Manitoba allow for      | Yes, but this is at the discretion of |
| support for a period before  | the court.                            |
| the parent applied? If yes,  |                                       |
| what is the period allowed   |                                       |
| (for example, from the birth |                                       |
| of the child, from date of   |                                       |
| separation, retroactivity    |                                       |
| support is limited to X      |                                       |
| years, etc)                  |                                       |
+------------------------------+---------------------------------------+

MODIFICATION OF ORDERS

+------------------------------+---------------------------------------+
| May either party request a   | Yes.                                  |
| review for modification?     |                                       |
+------------------------------+---------------------------------------+
| Will Manitoba modify its     | If the support order to be varied was |
| existing domestic judgment   | made under the *Divorce Act* of       |
| when one of the parties      | Canada, it can only be varied by a    |
| resides in the USA and will  | Canadian Court; however the Manitoba  |
| not return for \-- or        | Court will only proceed after         |
| refuses to participate in    | notifying the U.S. resident.          |
| \-- the proceedings?         |                                       |
|                              | >                                     |
|                              |                                       |
|                              | If the order to be varied was made    |
|                              | pursuant to Manitoba legislation, the |
|                              | procedure under the *Manitoba         |
|                              | Interjurisdictional Support Orders    |
|                              | Act* would be used and the Manitoba   |
|                              | applicant would complete a support    |
|                              | variation application \[request to    |
|                              | modify\] that would be sent to the    |
|                              | U.S. tribunal.                        |
+------------------------------+---------------------------------------+
| Does Manitoba law require    | No.                                   |
| [automatic]{.underline}      |                                       |
| adjustments (for example,    |                                       |
| based on changes in the cost |                                       |
| of living, or X% every 3     |                                       |
| years, etc)                  |                                       |
+------------------------------+---------------------------------------+
| If yes, are the automatic    | N/A                                   |
| adjustments considered to be |                                       |
| modifications of the order?  |                                       |
+------------------------------+---------------------------------------+
| Is a new order issued as a   | N/A                                   |
| result of an automatic       |                                       |
| adjustment?                  |                                       |
+------------------------------+---------------------------------------+
| Is there a minimum or        | No.                                   |
| threshold amount of change   |                                       |
| that must occur before a     |                                       |
| modification is made? (for   |                                       |
| example, the order would     |                                       |
| need to change by 25 dollars |                                       |
| or more, or at least 10%     |                                       |
| change in order.)            |                                       |
+------------------------------+---------------------------------------+

COST RECOVERY

  -------------------------------- --------------------------------------
  What costs, if any, are          None.
  recovered from the custodial     
  parent?                          

  What costs, if any, are          When the enforcement agency garnishes
  recovered from the non-custodial federal funds owing to the debtor, a
  parent?                          fee is collected from federal funds
                                   after maintenance arrears are
                                   collected. Court ordered costs are not
                                   collected by the enforcement agency.
  -------------------------------- --------------------------------------

**Appendix 6E -- New Brunswick, Canada - Forms**

+----------------------------+-----------------------------------------+
| **IF the person in the US  | **THEN complete these forms and         |
| wants to....**             | documents....**                         |
+----------------------------+-----------------------------------------+
| Establish a new (initial)  | -   UIFSA Transmittal & Acknowledgement |
| support assessment/order   |                                         |
| in New Brunswick including | -   UIFSA Uniform Support Petition      |
| the establishment of       |                                         |
| paternity                  | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   UIFSA Affidavit in Support of       |
|                            |     Establishing Paternity (where       |
|                            |     applicable)                         |
|                            |                                         |
|                            | -   Supporting documentation/evidence   |
|                            |                                         |
|                            | Note: Forms packages must include at    |
|                            | least one originally sworn copy and two |
|                            | photocopies.                            |
+----------------------------+-----------------------------------------+
| Register and enforce an    | -   UIFSA Transmittal & Acknowledgment  |
| existing US order in New   |                                         |
| Brunswick                  | -   3 certified copies of the US order  |
|                            |                                         |
|                            | -   Certified/sworn statement of        |
|                            |     arrears                             |
+----------------------------+-----------------------------------------+
| Register & modify an       | -   UIFSA Transmittal & Acknowledgment  |
| existing US order in New   |                                         |
| Brunswick because the      | -   UIFSA Uniform Support Petition      |
| order is not modifiable in |                                         |
| the US                     | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   3 certified copies of the US Order  |
|                            |                                         |
|                            | -   Supporting documentation/evidence   |
|                            |                                         |
|                            | Note: Forms packages must include at    |
|                            | least one originally sworn copy and two |
|                            | photocopies.                            |
+----------------------------+-----------------------------------------+
| Enforce an existing New    | -   UIFSA Transmittal & Acknowledgment  |
| Brunswick Order or         |                                         |
| Agreement in New Brunswick | -   Copy of the New Brunswick Order or  |
|                            |     Agreement                           |
|                            |                                         |
|                            | -   Certified/sworn statement of        |
|                            |     arrears                             |
+----------------------------+-----------------------------------------+
| Modify an existing New     | -   UIFSA Transmittal & Acknowledgement |
| Brunswick Order or         |                                         |
| Agreement through the      | ```{=html}                              |
| Inter-jurisdictional       | <!-- -->                                |
| Support Orders (ISO)       | ```                                     |
| Authority                  | -   UIFSA Uniform Support Petition      |
|                            |                                         |
|                            | ```{=html}                              |
|                            | <!-- -->                                |
|                            | ```                                     |
|                            | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   Copy of New Brunswick order or      |
|                            |     agreement                           |
|                            |                                         |
|                            | -   Supporting Documentation/Evidence   |
|                            |                                         |
|                            | Note: The maintenance enforcement       |
|                            | program does not conduct the            |
|                            | modification process, but will file the |
|                            | application with the appropriate court  |
|                            | in New Brunswick.                       |
|                            |                                         |
|                            | The ISO process is [not]{.underline}    |
|                            | available where the existing Canadian   |
|                            | order was made pursuant to the Divorce  |
|                            | Act of Canada. (For further information |
|                            | contact New Brunswick ISO Counsel.)     |
+----------------------------+-----------------------------------------+
| Locate a person or provide | -   UIFSA Locate Data Sheet             |
| leads to assets in New     |                                         |
| Brunswick                  |                                         |
+----------------------------+-----------------------------------------+
| Request status,            | -   UIFSA Transmittal & Acknowledgement |
| assistance, or information |                                         |
| (ex: requesting income     | \*Note: status (and above referenced    |
| information for a          | verification of jurisdiction where      |
| modification, service of   | respondent resides) requests only -     |
| process, etc.)             | other services noted are not provided   |
|                            | at this time.                           |
+----------------------------+-----------------------------------------+

**New Brunswick, Canada - Law**

+------------------------------+---------------------------------------+
| **SERVICE OF PROCESS**       |                                       |
+------------------------------+---------------------------------------+
| Check which of the following | \_X\_\_\_personal service             |
| methods are used to serve    |                                       |
| process on an individual:    | \- Notice of Hearing for an           |
|                              | application to establish or modify a  |
|                              | support order is personally served    |
|                              | unless otherwise ordered by the       |
|                              | court.                                |
|                              |                                       |
|                              | \_\_\_\_\_regular mail (no receipt)   |
|                              |                                       |
|                              | \_\_\_\_\_registered mail (receipted  |
|                              | by addressee only)                    |
|                              |                                       |
|                              | \_\_\_X\_\_registered mail (receipted |
|                              | by anyone at the address) -- For      |
|                              | Notice of Registration of a foreign   |
|                              | order.                                |
|                              |                                       |
|                              | \_\_\_\_\_publication (example: in a  |
|                              | legal journal, newspaper or public    |
|                              | posting but these methods may only be |
|                              | used if so ordered by a New Brunswick |
|                              | court)                                |
+------------------------------+---------------------------------------+
| How is a non-resident or     | The court may, on an ex parte motion, |
| person whose whereabouts are | order that a document be served by    |
| not known, notified of       | substituted service using a method    |
| proceedings?                 | directed by the court, such as        |
|                              | registered mail, regular mail, and    |
|                              | personal service on another person or |
|                              | publication.                          |
+------------------------------+---------------------------------------+

STATUTE OF LIMITATIONS

  ------------------------------- ---------------------------------------
  Is there a statute of           No.
  limitations for past due        
  support? If yes describe        

  Is there a statute of           No.
  limitations for establishing    
  paternity? If yes describe      

  Will New Brunswick accept a     Yes.
  petition if the only issue is   
  support for a prior period,     
  that is, no child is currently  
  entitled to support?            
  ------------------------------- ---------------------------------------

AMOUNT OF SUPPORT

+------------------------------+---------------------------------------+
| In setting the amount of     | The presumptive rule is that the      |
| support, whose income is     | amount of child support ordered is    |
| considered in addition to    | dependant on the number of children   |
| the income of the            | under the age of majority to whom the |
| non-custodial parent? (for   | order relates and the income of the   |
| example: custodial parent's, | parent or spouse against whom the     |
| custodial parent's new       | order is sought.                      |
| spouse, child's, etc)        |                                       |
|                              | However, the Court will look at the   |
|                              | incomes of both parents when          |
|                              | determining what amount the Support   |
|                              | Payor will be ordered to pay to cover |
|                              | the special or extraordinary expenses |
|                              | of the child. In determining the      |
|                              | amount of support in circumstances of |
|                              | undue hardship, there will be a       |
|                              | comparison of household incomes.      |
+------------------------------+---------------------------------------+
| How is the amount of support | Child support is determined by the    |
| determined? (examples; by    | Child Support Guidelines which        |
| formula, % of income,        | include                               |
| tribunal discretion, etc)    |                                       |
|                              | -   Tables which set the amount based |
|                              |     on the non-custodial parent\'s    |
|                              |     income and the number of          |
|                              |     children;                         |
|                              |                                       |
|                              | ```{=html}                            |
|                              | <!-- -->                              |
|                              | ```                                   |
|                              | -   Provisions that state that        |
|                              |     special expense amounts in        |
|                              |     addition to the Table amount are  |
|                              |     to be shared proportionately      |
|                              |     between the parents               |
|                              |                                       |
|                              | -   Provisions for amounts higher or  |
|                              |     lower than the Table amount to be |
|                              |     ordered if the court finds that   |
|                              |     payment of the Table amount would |
|                              |     cause undue hardship to either    |
|                              |     parent.                           |
|                              |                                       |
|                              | Spousal support is based on the       |
|                              | circumstances of the parties.         |
+------------------------------+---------------------------------------+
| Does New Brunswick allow for | Yes, but this is at the discretion of |
| support for a period before  | the court.                            |
| the parent applied? If yes,  |                                       |
| what is the period allowed   |                                       |
| (for example, from the birth |                                       |
| of the child, from date of   |                                       |
| separation, retroactivity    |                                       |
| support is limited to X      |                                       |
| years, etc)                  |                                       |
+------------------------------+---------------------------------------+

MODIFICATION OF ORDERS

+------------------------------+---------------------------------------+
| May either party request a   | Yes.                                  |
| review for modification?     |                                       |
+------------------------------+---------------------------------------+
| Will New Brunswick modify    | If the support order to be varied was |
| its existing domestic        | made under the *Divorce Act* of       |
| judgment when one of the     | Canada, it can only be varied by a    |
| parties resides in the USA   | Canadian Court. The New Brunswick     |
| and will not return for \--  | Court will proceed with an            |
| or refuses to participate in | application to vary under the         |
| \-- the proceedings?         | *Divorce Act* if the respondent in    |
|                              | the U.S. has been served, whether or  |
|                              | not (s)he responds to the             |
|                              | application.                          |
|                              |                                       |
|                              | If the order to be varied was made    |
|                              | pursuant to New Brunswick             |
|                              | legislation, the procedure under the  |
|                              | *New Brunswick Interjurisdictional    |
|                              | Support Orders Act* would be used.    |
|                              | The New Brunswick applicant would     |
|                              | complete a support variation          |
|                              | application with supporting documents |
|                              | that would be sent to the U.S. state  |
|                              | where the respondent resides to be    |
|                              | heard by the appropriate court.       |
+------------------------------+---------------------------------------+
| Does New Brunswick law       | No.                                   |
| require                      |                                       |
| [automatic]{.underline}      |                                       |
| adjustments (for example,    |                                       |
| based on changes in the cost |                                       |
| of living, or X% every 3     |                                       |
| years, etc)                  |                                       |
+------------------------------+---------------------------------------+
| If yes, are the automatic    | N/A                                   |
| adjustments considered to be |                                       |
| modifications of the order?  |                                       |
+------------------------------+---------------------------------------+
| Is a new order issued as a   | N/A                                   |
| result of an automatic       |                                       |
| adjustment?                  |                                       |
+------------------------------+---------------------------------------+
| Is there a minimum or        | No.                                   |
| threshold amount of change   |                                       |
| that must occur before a     |                                       |
| modification is made? (for   |                                       |
| example, the order would     |                                       |
| need to change by 25 dollars |                                       |
| or more, or at least 10%     |                                       |
| change in order.)            |                                       |
+------------------------------+---------------------------------------+

COST RECOVERY

  ------------------------------- ---------------------------------------
  What costs, if any, are         None.
  recovered from the custodial    
  parent?                         

  What costs, if any, are         None.
  recovered from the              
  non-custodial parent?           
  ------------------------------- ---------------------------------------

**Appendix 6F - Newfoundland/Labrador, Canada-- Forms**

+-----------+----------------------------------------------------------+
| **NF**    | [Support Enforcement                                     |
|           | Divisi                                                   |
|           | on](http://www.gov.nl.ca/just/CIVIL/supportenforce.htm)\ |
|           | P.O. 2006\                                               |
|           | Corner Brook, Nfld. A2H 6J8\                             |
|           | Tel.: (709) 637-2608\                                    |
|           | Fax: (709) 634-9518                                      |
|           |                                                          |
|           | website:                                                 |
|           | <htt                                                     |
|           | p://www.justice.gov.nl.ca/just/CIVIL/supportenforce.htm> |
+-----------+----------------------------------------------------------+

Newfoundland/Labrador was unable to provide requested information at
this time. Newfoundland/Labrador officials ask that their contact
information be put on our website so that states may contact the
province directly until further information is becomes available else.

**Appendix 6G - Northwest Territories, Canada -- Forms**

+----------------------------+-----------------------------------------+
| **IF the person in the US  | **THEN complete these forms and         |
| wants to....**             | documents....**                         |
+----------------------------+-----------------------------------------+
| Establish a new (initial)  | -   UIFSA Transmittal & Acknowledgement |
| support assessment/order   |                                         |
| in Northwest Territories   | -   UIFSA Uniform Support Petition      |
| (NT) including the         |                                         |
| establishment of paternity | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   UIFSA Affidavit in Support of       |
|                            |     Establishing Paternity (where       |
|                            |     applicable)                         |
|                            |                                         |
|                            | -   Supporting documentation/evidence   |
|                            |                                         |
|                            | Note: Forms packages must include at    |
|                            | least one originally sworn copy and two |
|                            | photocopies.                            |
|                            |                                         |
|                            | The support applicant must also include |
|                            | a copy of the statute and/or legal      |
|                            | authority upon which the application is |
|                            | based.                                  |
+----------------------------+-----------------------------------------+
| Register and enforce an    | -   UIFSA Transmittal & Acknowledgment  |
| existing US order in NT    |                                         |
|                            | -   3 certified copies of the US order  |
|                            |                                         |
|                            | -   Certified/sworn statement of        |
|                            |     arrears                             |
+----------------------------+-----------------------------------------+
| Register & modify an       | -   UIFSA Transmittal & Acknowledgment  |
| existing US order in NT    |                                         |
| because the order is not   | -   UIFSA Uniform Support Petition      |
| modifiable in the US       |                                         |
|                            | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   3 certified copies of the US Order  |
|                            |                                         |
|                            | -   Certified/sworn statement of        |
|                            |     arrears                             |
|                            |                                         |
|                            | -   Supporting documentation/evidence   |
+----------------------------+-----------------------------------------+
| Enforce an existing NT     | -   UIFSA Transmittal & Acknowledgment  |
| Order or Agreement in NT   |                                         |
|                            | -   Copy of the NT Order or Agreement   |
|                            |                                         |
|                            | -   Certified/sworn statement of        |
|                            |     arrears                             |
+----------------------------+-----------------------------------------+
| Modify an existing NT      | -   UIFSA Transmittal & Acknowledgement |
| Order or Agreement through |                                         |
| the Inter-jurisdictional   | ```{=html}                              |
| Support Orders (ISO)       | <!-- -->                                |
| Authority                  | ```                                     |
|                            | -   UIFSA Uniform Support Petition      |
|                            |                                         |
|                            | ```{=html}                              |
|                            | <!-- -->                                |
|                            | ```                                     |
|                            | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   Copy of NT Order or Agreement       |
|                            |                                         |
|                            | -   Supporting Documentation/Evidence   |
|                            |                                         |
|                            | Note: The maintenance enforcement       |
|                            | program does not conduct the            |
|                            | modification process, but will file the |
|                            | application with the appropriate court  |
|                            | in NT.                                  |
|                            |                                         |
|                            | The ISO process is [not]{.underline}    |
|                            | available where the existing Canadian   |
|                            | order was made pursuant to the Divorce  |
|                            | Act of Canada. (For further information |
|                            | contact NT ISO Counsel.)                |
+----------------------------+-----------------------------------------+
| Locate a person or provide | -   UIFSA Locate Data Sheet             |
| leads to assets in NT      |                                         |
+----------------------------+-----------------------------------------+
| Request status,            | -   UIFSA Transmittal & Acknowledgement |
| assistance, or information |                                         |
| (ex: requesting income     | \*Note: status (and above referenced    |
| information for a          | verification of jurisdiction where      |
| modification, service of   | respondent resides) requests only -     |
| process, etc.)             | other services noted are not provided   |
|                            | at this time.                           |
+----------------------------+-----------------------------------------+

**Northwest Territories, Canada - Law**

+------------------------------+---------------------------------------+
| **SERVICE OF PROCESS**       |                                       |
+------------------------------+---------------------------------------+
| Check which of the following | \_X\_\_\_personal service             |
| methods are used to serve    |                                       |
| process on an individual:    | \- Notice of Hearing for an           |
|                              | application to establish or modify a  |
|                              | support order is personally served    |
|                              | unless otherwise ordered by the       |
|                              | court.                                |
|                              |                                       |
|                              | ­\_X\_\_\_ regular mail (no receipt)   |
|                              |                                       |
|                              | \- Notice of Registration of a        |
|                              | foreign order is given by regular     |
|                              | letter mail at the respondent\'s last |
|                              | known address.                        |
|                              |                                       |
|                              | \_\*\_\_\_registered mail (receipted  |
|                              | by addressee only)                    |
|                              |                                       |
|                              | \_\_\*\_\_registered mail (receipted  |
|                              | by anyone at the address)             |
|                              |                                       |
|                              | \_\_\_\*\_publication (example: in a  |
|                              | legal journal, newspaper, public      |
|                              | posting)                              |
|                              |                                       |
|                              | \*these methods may only be used if   |
|                              | so ordered by the NT court.           |
+------------------------------+---------------------------------------+
| How is a non-resident or     | The court may order that a document   |
| person whose whereabouts are | be served by substituted service.     |
| not known, notified of       |                                       |
| proceedings?                 | This means that the court may, on an  |
|                              | ex parte motion, order that a         |
|                              | document be served by substituted     |
|                              | service using a method directed by    |
|                              | the court, such as registered mail,   |
|                              | regular mail, and personal service on |
|                              | another person or publication.        |
+------------------------------+---------------------------------------+

STATUTE OF LIMITATIONS

  ------------------------------- ---------------------------------------
  Is there a statute of           No.
  limitations for past due        
  support? If yes describe        

  Is there a statute of           No.
  limitations for establishing    
  paternity? If yes describe      

  Will NT accept a petition if    Yes.
  the only issue is support for a 
  prior period, that is, no child 
  is currently entitled to        
  support?                        
  ------------------------------- ---------------------------------------

AMOUNT OF SUPPORT

+------------------------------+---------------------------------------+
| In setting the amount of     | Generally, child support is           |
| support, whose income is     | determined under Child Support        |
| considered in addition to    | Guidelines. Incomes of both the       |
| the income of the            | creditor and debtor are considered.   |
| non-custodial parent? (for   | More information about the Guidelines |
| example: custodial parent's, | is available at the site:             |
| custodial parent's new       | <http://www.canada.justice            |
| spouse, child's, etc)        | .gc.ca/en/ps/sup/pub/iag/approa.html> |
+------------------------------+---------------------------------------+
| How is the amount of support | Child support is determined by the    |
| determined? (examples; by    | Child Support Guidelines which        |
| formula, % of income,        | include                               |
| tribunal discretion, etc)    |                                       |
|                              | -   Tables which set the amount based |
|                              |     on the non-custodial parent\'s    |
|                              |     income and the number of          |
|                              |     children;                         |
|                              |                                       |
|                              | ```{=html}                            |
|                              | <!-- -->                              |
|                              | ```                                   |
|                              | -   Provisions that state that        |
|                              |     special expense amounts in        |
|                              |     addition to the Table amount are  |
|                              |     to be shared proportionately      |
|                              |     between the parents               |
|                              |                                       |
|                              | -   Provisions for amounts higher or  |
|                              |     lower than the Table amount to be |
|                              |     ordered if the court finds that   |
|                              |     payment of the Table amount would |
|                              |     cause undue hardship to either    |
|                              |     parent.                           |
|                              |                                       |
|                              | Spousal support is based on the       |
|                              | circumstances of the parties.         |
+------------------------------+---------------------------------------+
| Does NT allow for support    | Yes, but this is at the discretion of |
| for a period before the      | the court.                            |
| parent applied? If yes, what |                                       |
| is the period allowed (for   |                                       |
| example, from the birth of   |                                       |
| the child, from date of      |                                       |
| separation, retroactivity    |                                       |
| support is limited to X      |                                       |
| years, etc)                  |                                       |
+------------------------------+---------------------------------------+

MODIFICATION OF ORDERS

  ------------------------------- ---------------------------------------
  May either party request a      Yes.
  review for modification?        

  Will NT modify its existing     When one party is in the USA, then the
  domestic judgment when one of   party in NT must utilize ISO and the NT
  the parties resides in the USA  applicant would complete a support
  and will not return for \-- or  variation application \[request to
  refuses to participate in \--   modify\] that would be sent to the U.S.
  the proceedings?                tribunal.

  Does NT law require automatic   No.
  adjustments (for example, based 
  on changes in the cost of       
  living, or X% every 3 years,    
  etc)                            

  If yes, are the automatic       N/A
  adjustments considered to be    
  modifications of the order?     

  Is a new order issued as a      N/A
  result of an automatic          
  adjustment?                     

  Is there a minimum or threshold No.
  amount of change that must      
  occur before a modification is  
  made? (for example, the order   
  would need to change by 25      
  dollars or more, or at least    
  10% change in order.)           
  ------------------------------- ---------------------------------------

COST RECOVERY

  ------------------------------- ---------------------------------------
  What costs, if any, are         None.
  recovered from the custodial    
  parent?                         

  What costs, if any, are         None.
  recovered from the              
  non-custodial parent?           
  ------------------------------- ---------------------------------------

**Appendix 6H - Nova Scotia, Canada -- Forms**

+----------------------------+-----------------------------------------+
| **IF the person in the US  | **THEN complete these forms and         |
| wants to....**             | documents....**                         |
+----------------------------+-----------------------------------------+
| Establish a new (initial)  | • UIFSA Transmittal & Acknowledgement   |
| support assessment/order   |                                         |
| in Nova Scotia including   | • UIFSA Uniform Support Petition        |
| the establishment of       |                                         |
| paternity                  | • UIFSA General Testimony               |
|                            |                                         |
|                            | • UIFSA Affidavit in Support of         |
|                            | Establishing Paternity (where           |
|                            | applicable)                             |
|                            |                                         |
|                            | • Supporting documentation/evidence     |
|                            |                                         |
|                            | The forms submitted must be             |
|                            | sworn/affirmed (by Notary Public) in    |
|                            | order to be received as evidence by the |
|                            | Nova Scotia Court.                      |
|                            |                                         |
|                            | The Nova Scotia forms could be used by  |
|                            | the US applicant in place of the US     |
|                            | forms, although, at this time, this is  |
|                            | not required by the Nova Scotia Court.  |
|                            |                                         |
|                            | The support applicant (petitioner) must |
|                            | also include a copy of the state law    |
|                            | upon which the duty of support for the  |
|                            | child would be based if the application |
|                            | for support was a request to establish  |
|                            | support in an intrastate case.          |
+----------------------------+-----------------------------------------+
| Register and enforce an    | • UIFSA Transmittal & Acknowledgment    |
| existing US order in Nova  |                                         |
| Scotia                     | • 3 certified copies of the US order    |
|                            |                                         |
|                            | • Certified/sworn statement of arrears  |
+----------------------------+-----------------------------------------+
| Register & modify an       | • UIFSA Transmittal & Acknowledgment    |
| existing US order in Nova  |                                         |
| Scotia because the order   | • UIFSA Uniform Support Petition        |
| is not modifiable in the   |                                         |
| US                         | • UIFSA General Testimony               |
|                            |                                         |
|                            | • 3 certified copies of the US Order    |
|                            |                                         |
|                            | • Supporting documentation/evidence     |
|                            |                                         |
|                            | If the petitioner for the modification  |
|                            | is the support obligor (payor), a copy  |
|                            | of the child support guidelines of the  |
|                            | state where the obligor resides must    |
|                            | also be included.                       |
+----------------------------+-----------------------------------------+
| Enforce an existing Nova   | • UIFSA Transmittal & Acknowledgment    |
| Scotia Order or Agreement  |                                         |
| in Nova Scotia             | • Copy of the Nova Scotia Order or      |
|                            | Agreement                               |
|                            |                                         |
|                            | • Certified/sworn statement of arrears  |
+----------------------------+-----------------------------------------+
| Modify an existing Nova    | • UIFSA Transmittal & Acknowledgement   |
| Scotia Order or Agreement  |                                         |
| through the                | • UIFSA Uniform Support Petition        |
| Inter-jurisdictional       |                                         |
| Support Orders (ISO)       | • UIFSA General Testimony               |
| Authority                  |                                         |
|                            | • Copy of Nova Scotia order or          |
|                            | agreement                               |
|                            |                                         |
|                            | • Supporting Documentation/Evidence     |
|                            |                                         |
|                            | If the petitioner is the support        |
|                            | obligor (payor), a copy of the child    |
|                            | support guidelines of the state where   |
|                            | the obligor resides must also be        |
|                            | included.                               |
|                            |                                         |
|                            | Note 1: The maintenance enforcement     |
|                            | program does not conduct the            |
|                            | modification process, but will file the |
|                            | application with the appropriate court  |
|                            | in Nova Scotia.                         |
|                            |                                         |
|                            | Note 2: The ISO process is              |
|                            | [not]{.underline} available where the   |
|                            | existing Canadian order was made        |
|                            | pursuant to the Divorce Act of Canada.  |
+----------------------------+-----------------------------------------+
| Locate a person or provide | • UIFSA Locate Data Sheet               |
| leads to assets in Nova    |                                         |
| Scotia                     |                                         |
+----------------------------+-----------------------------------------+
| Request status,            | • UIFSA Transmittal & Acknowledgement   |
| assistance, or information |                                         |
| (ex: requesting income     | \*Note: status (and above referenced    |
| information for a          | verification of jurisdiction where      |
| modification, service of   | respondent resides) requests only -     |
| process, etc.)             | other services noted are not provided   |
|                            | at this time.                           |
+----------------------------+-----------------------------------------+

**Nova Scotia, Canada - Law**

+-------------------------------+--------------------------------------+
| **AGE OF MAJORITY**           |                                      |
+-------------------------------+--------------------------------------+
| Age of majority in Nova       | 19 years of age.                     |
| Scotia                        |                                      |
+-------------------------------+--------------------------------------+
| If not stated in the order,   | No automatic termination.            |
| at what age is child support  |                                      |
| automatically terminated as a |                                      |
| matter of State law? Qualify, |                                      |
| if necessary                  |                                      |
+-------------------------------+--------------------------------------+
| Does child support end if the | Not necessarily, but it depends on   |
| child leaves the household    | the facts.                           |
| but does not emancipate?      |                                      |
|                               | (e.g. a child may be attending       |
|                               | post-secondary education, be on      |
|                               | vacation or working away from the    |
|                               | support recipient\'s home and still  |
|                               | be entitled to support)              |
+-------------------------------+--------------------------------------+
| Does Nova Scotia allow        | Yes, depending on the facts.         |
| support to be paid beyond the |                                      |
| age of majority under any     |                                      |
| circumstances (for example,   |                                      |
| the child is handicapped or   |                                      |
| in post-secondary education)? |                                      |
+-------------------------------+--------------------------------------+

+------------------------------+---------------------------------------+
| **SERVICE OF PROCESS**       |                                       |
+------------------------------+---------------------------------------+
| Check which of the following | \_X\_\_ personal service              |
| methods are used to serve    |                                       |
| process on an individual:    | \- Notice of Hearing for an           |
|                              | application to establish or modify a  |
|                              | support order is personally served    |
|                              | unless otherwise ordered by the       |
|                              | court.                                |
|                              |                                       |
|                              | [X]{.underline} regular mail (no      |
|                              | receipt)                              |
|                              |                                       |
|                              | \- Notice of Registration of a        |
|                              | foreign order is given by regular     |
|                              | letter mail at the respondent\'s last |
|                              | known address.                        |
|                              |                                       |
|                              | \_\*\_\_\_registered mail (receipted  |
|                              | by addressee only)                    |
|                              |                                       |
|                              | \_\_\*\_\_registered mail (receipted  |
|                              | by anyone at the address)             |
|                              |                                       |
|                              | \_\_\_\*\_publication (example: in a  |
|                              | legal journal, newspaper, public      |
|                              | posting)                              |
|                              |                                       |
|                              | \*these methods may only be used if   |
|                              | so ordered by the Nova Scotia court   |
+------------------------------+---------------------------------------+
| How is a non-resident or     | Private individual petitioners may    |
| person whose whereabouts are | serve notice of Nova Scotia court     |
| not known, notified of       | proceedings on a non-resident by      |
| proceedings?                 | personal service or by an alternative |
|                              | method if so ordered by the Nova      |
|                              | Scotia court. It is rare for the Nova |
|                              | Scotia Maintenance Enforcement        |
|                              | Program or the Designated Authority   |
|                              | pursuant to The Interjurisdictional   |
|                              | Support Orders Act to initiate        |
|                              | proceedings that would require direct |
|                              | notification to a non-resident.       |
|                              |                                       |
|                              | Normally personal service of notice   |
|                              | of court proceedings is required in   |
|                              | court proceedings. Alternate methods  |
|                              | of service may be accepted by the     |
|                              | court, but it is up to the court to   |
|                              | determine whether service in a manner |
|                              | other than personal service will be   |
|                              | accepted.                             |
+------------------------------+---------------------------------------+

STATUTE OF LIMITATIONS

  ------------------------------- ---------------------------------------
  Is there a statute of           No.
  limitations for past due        
  support? If yes describe        

  Is there a statute of           Yes - where the parties are not
  limitations for establishing    married, there is a statutory
  paternity? If yes describe      limitation of 2 years after the date of
                                  birth of the child under the
                                  *Maintenance and Custody Act* (Nova
                                  Scotia's provincial Act) but the court
                                  has discretion to extend the period of
                                  time.

  Will Nova Scotia accept a       Yes, Nova Scotia will accept a petition
  petition if the only issue is   for support. But the court has
  support for a prior period,     discretion as to whether to order
  that is, no child is currently  support.
  entitled to support?            
  ------------------------------- ---------------------------------------

AMOUNT OF SUPPORT

+------------------------------+---------------------------------------+
| In setting the amount of     | The presumptive rule is that the      |
| support, whose income is     | amount of child support ordered is    |
| considered in addition to    | dependant on the number of children   |
| the income of the            | under the age of majority to whom the |
| non-custodial parent? (for   | order relates and the income of the   |
| example: custodial parent's, | parent or spouse against whom the     |
| custodial parent's new       | order is sought.                      |
| spouse, child's, etc)        |                                       |
|                              | However, the Court will look at the   |
|                              | incomes of both parents when          |
|                              | determining what amount the Support   |
|                              | Payor will be ordered to pay to cover |
|                              | the special or extraordinary expenses |
|                              | of the child. In determining the      |
|                              | amount of support in circumstances of |
|                              | undue hardship, there will be a       |
|                              | comparison of household incomes.      |
+------------------------------+---------------------------------------+
| How is the amount of support | Child support is determined by the    |
| determined? (examples; by    | Child Support Guidelines which        |
| formula, % of income,        | include                               |
| tribunal discretion, etc)    |                                       |
|                              | • Tables which set the amount based   |
|                              | on the non-custodial parent\'s income |
|                              | and the number of children;           |
|                              |                                       |
|                              | • Provisions that state that special  |
|                              | expense amounts in addition to the    |
|                              | Table amount are to be shared         |
|                              | proportionately between the parents   |
|                              |                                       |
|                              | • Provisions for amounts higher or    |
|                              | lower than the Table amount to be     |
|                              | ordered if the court finds that       |
|                              | payment of the Table amount would     |
|                              | cause undue hardship to either        |
|                              | parent.                               |
|                              |                                       |
|                              | Spousal support is based on the       |
|                              | circumstances of the parties.         |
+------------------------------+---------------------------------------+
| Does Nova Scotia allow for   | Yes, but this is at the discretion of |
| support for a period before  | the court.                            |
| the parent applied? If yes,  |                                       |
| what is the period allowed   |                                       |
| (for example, from the birth |                                       |
| of the child, from date of   |                                       |
| separation, retroactivity    |                                       |
| support is limited to X      |                                       |
| years, etc)                  |                                       |
+------------------------------+---------------------------------------+

MODIFICATION OF ORDERS

+------------------------------+---------------------------------------+
| May either party request a   | Yes.                                  |
| review for modification?     |                                       |
+------------------------------+---------------------------------------+
| Will Nova Scotia modify its  | If the support order to be varied was |
| existing domestic judgment   | made under the Divorce Act of Canada  |
| when one of the parties      | (Federal law), it can only be varied  |
| resides in the USA and will  | by a Canadian Court. The Nova Scotia  |
| not return for \-- or        | Court will proceed with an            |
| refuses to participate in    | application to vary under the Divorce |
| \-- the proceedings?         | Act if the respondent in the U.S. has |
|                              | been served, whether or not (s)he     |
|                              | responds to the application.          |
|                              |                                       |
|                              | If the order to be varied was made    |
|                              | pursuant to Nova Scotia legislation,  |
|                              | the procedure under the Nova Scotia   |
|                              | Interjurisdictional Support Orders    |
|                              | Act would be used. The Nova Scotia    |
|                              | applicant would complete a support    |
|                              | variation application with supporting |
|                              | documents that would be sent to the   |
|                              | U.S. state where the respondent       |
|                              | resides to be heard by the            |
|                              | appropriate court.                    |
+------------------------------+---------------------------------------+
| Does Nova Scotia law require | No.                                   |
| [automatic]{.underline}      |                                       |
| adjustments (for example,    |                                       |
| based on changes in the cost |                                       |
| of living, or X% every 3     |                                       |
| years, etc)                  |                                       |
+------------------------------+---------------------------------------+
| If yes, are the automatic    | N/A                                   |
| adjustments considered to be |                                       |
| modifications of the order?  |                                       |
+------------------------------+---------------------------------------+
| Is a new order issued as a   | N/A                                   |
| result of an automatic       |                                       |
| adjustment?                  |                                       |
+------------------------------+---------------------------------------+
| Is there a minimum or        | No.                                   |
| threshold amount of change   |                                       |
| that must occur before a     |                                       |
| modification is made? (for   |                                       |
| example, the order would     |                                       |
| need to change by 25 dollars |                                       |
| or more, or at least 10%     |                                       |
| change in order.)            |                                       |
+------------------------------+---------------------------------------+

COST RECOVERY

  ------------------------------- ---------------------------------------
  What costs, if any, are         None.
  recovered from the custodial    
  parent?                         

  What costs, if any, are         When a payor (debtor) defaults on a
  recovered from the              maintenance obligation, the Nova Scotia
  non-custodial parent?           Maintenance Enforcement Program charges
                                  to the payor (debtor) administrative
                                  fees as well as costs incurred as a
                                  result of any court action. The
                                  Maintenance Enforcement Program will
                                  also enforce court ordered costs
                                  against the non-custodial parent if the
                                  costs are with respect to support or
                                  support enforcement, or are paternity
                                  testing or expenses incidental to
                                  prenatal care of the mother or child or
                                  birth of the child.
  ------------------------------- ---------------------------------------

**Appendix 6I - Nunavut, Canada - Forms**

+----------------------------+-----------------------------------------+
| **IF the person in the US  | **THEN complete these forms and         |
| wants to....**             | documents....**                         |
+----------------------------+-----------------------------------------+
| Establish a new (initial)  | -   UIFSA Transmittal & Acknowledgement |
| support assessment/order   |                                         |
| in Nunavut including the   | -   UIFSA Uniform Support Petition      |
| establishment of paternity |                                         |
|                            | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   UIFSA Affidavit in Support of       |
|                            |     Establishing Paternity (where       |
|                            |     applicable)                         |
|                            |                                         |
|                            | -   Supporting documentation/evidence   |
|                            |                                         |
|                            | Note: Forms packages must include at    |
|                            | least one originally sworn copy and two |
|                            | photocopies.                            |
+----------------------------+-----------------------------------------+
| Register and enforce an    | -   UIFSA Transmittal & Acknowledgment  |
| existing US order in       |                                         |
| Nunavut                    | -   3 certified copies of the US order  |
|                            |                                         |
|                            | -   Certified/sworn statement of        |
|                            |     arrears                             |
+----------------------------+-----------------------------------------+
| Register & modify an       | -   UIFSA Transmittal & Acknowledgment  |
| existing US order in       |                                         |
| Nunavut because the order  | -   UIFSA Uniform Support Petition      |
| is not modifiable in the   |                                         |
| US                         | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   3 certified copies of the US Order  |
|                            |                                         |
|                            | -   Supporting documentation/evidence   |
+----------------------------+-----------------------------------------+
| Enforce an existing        | -   UIFSA Transmittal & Acknowledgment  |
| Nunavut Order or Agreement |                                         |
| in Nunavut                 | -   Copy of the Nunavut Order or        |
|                            |     Agreement                           |
|                            |                                         |
|                            | -   Certified/sworn statement of        |
|                            |     arrears                             |
+----------------------------+-----------------------------------------+
| Modify an existing Nunavut | -   UIFSA Transmittal & Acknowledgement |
| Order or Agreement through |                                         |
| the Inter-jurisdictional   | ```{=html}                              |
| Support Orders (ISO)       | <!-- -->                                |
| Authority                  | ```                                     |
|                            | -   UIFSA Uniform Support Petition      |
|                            |                                         |
|                            | ```{=html}                              |
|                            | <!-- -->                                |
|                            | ```                                     |
|                            | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   Copy of Nunavut order or agreement  |
|                            |                                         |
|                            | -   Supporting Documentation/Evidence   |
|                            |                                         |
|                            | Note: The maintenance enforcement       |
|                            | program does not conduct the            |
|                            | modification process, but will file the |
|                            | application with the appropriate court  |
|                            | in Nunavut.                             |
|                            |                                         |
|                            | The ISO process is [not]{.underline}    |
|                            | available where the existing Canadian   |
|                            | order was made pursuant to the Divorce  |
|                            | Act of Canada. (For further information |
|                            | contact Nunavut ISO Authority.)         |
+----------------------------+-----------------------------------------+
| Locate a person or provide | -   UIFSA Locate Data Sheet             |
| leads to assets in Nunavut |                                         |
+----------------------------+-----------------------------------------+
| Request status,            | -   UIFSA Transmittal & Acknowledgement |
| assistance, or information |                                         |
| (ex: requesting income     | \*Note: status (and above referenced    |
| information for a          | verification of jurisdiction where      |
| modification, service of   | respondent resides) requests only -     |
| process, etc.)             | other services noted are not provided   |
|                            | at this time.                           |
+----------------------------+-----------------------------------------+

**Nunavut, Canada - Law**

+------------------------------+---------------------------------------+
| **SERVICE OF PROCESS**       |                                       |
+------------------------------+---------------------------------------+
| Check which of the following | \_[X]{.underline}\_\_\_ personal      |
| methods are used to serve    | service                               |
| process on an individual:    |                                       |
|                              | \- Notice of Hearing for an           |
|                              | application to establish or modify a  |
|                              | support order is personally served    |
|                              | unless otherwise ordered by the       |
|                              | court.                                |
|                              |                                       |
|                              | [X]{.underline} regular mail (no      |
|                              | receipt)                              |
|                              |                                       |
|                              | \- Notice of Registration of a        |
|                              | foreign order is given by regular     |
|                              | letter mail at the respondent\'s last |
|                              | known address.                        |
|                              |                                       |
|                              | \_\*\_\_\_registered mail (receipted  |
|                              | by addressee only)                    |
|                              |                                       |
|                              | \_\_\*\_\_registered mail (receipted  |
|                              | by anyone at the address)             |
|                              |                                       |
|                              | \_\_\_\*\_publication (example: in a  |
|                              | legal journal, newspaper, public      |
|                              | posting)                              |
|                              |                                       |
|                              | \*these methods may only be used if   |
|                              | so ordered by the Nunavut court       |
+------------------------------+---------------------------------------+

+------------------------------+---------------------------------------+
| How is a non-resident or     | The court may order that a document   |
| person whose whereabouts are | be served by substituted service.     |
| not known, notified of       |                                       |
| proceedings?                 | This means that the court may, on an  |
|                              | ex parte motion, order that a         |
|                              | document be served by substituted     |
|                              | service using a method directed by    |
|                              | the court, such as registered mail,   |
|                              | regular mail, and personal service on |
|                              | another person or publication.        |
+------------------------------+---------------------------------------+

STATUTE OF LIMITATIONS

  ------------------------------- ---------------------------------------
  Is there a statute of           No.
  limitations for past due        
  support? If yes describe        

  Is there a statute of           No.
  limitations for establishing    
  paternity? If yes describe      

  Will Nunavut accept a petition  Yes.
  if the only issue is support    
  for a prior period, that is, no 
  child is currently entitled to  
  support?                        
  ------------------------------- ---------------------------------------

AMOUNT OF SUPPORT

+------------------------------+---------------------------------------+
| In setting the amount of     | The presumptive rule is that the      |
| support, whose income is     | amount of child support ordered is    |
| considered in addition to    | dependant on the number of children   |
| the income of the            | under the age of majority to whom the |
| non-custodial parent? (for   | order relates and the income of the   |
| example: custodial parent's, | parent or spouse against whom the     |
| custodial parent's new       | order is sought.                      |
| spouse, child's, etc)        |                                       |
|                              | However, the Court will look at the   |
|                              | incomes of both parents when          |
|                              | determining what amount the Support   |
|                              | Payor will be ordered to pay to cover |
|                              | the special or extraordinary expenses |
|                              | of the child. In determining the      |
|                              | amount of support in circumstances of |
|                              | undue hardship, there will be a       |
|                              | comparison of household incomes.      |
+------------------------------+---------------------------------------+
| How is the amount of support | Child support is determined by the    |
| determined? (examples; by    | Child Support Guidelines which        |
| formula, % of income,        | include                               |
| tribunal discretion, etc)    |                                       |
|                              | -   Tables which set the amount based |
|                              |     on the non-custodial parent\'s    |
|                              |     income and the number of          |
|                              |     children;                         |
|                              |                                       |
|                              | ```{=html}                            |
|                              | <!-- -->                              |
|                              | ```                                   |
|                              | -   Provisions that state that        |
|                              |     special expense amounts in        |
|                              |     addition to the Table amount are  |
|                              |     to be shared proportionately      |
|                              |     between the parents               |
|                              |                                       |
|                              | -   Provisions for amounts higher or  |
|                              |     lower than the Table amount to be |
|                              |     ordered if the court finds that   |
|                              |     payment of the Table amount would |
|                              |     cause undue hardship to either    |
|                              |     parent.                           |
|                              |                                       |
|                              | Spousal support is based on the       |
|                              | circumstances of the parties.         |
+------------------------------+---------------------------------------+
| Does Nunavut allow for       | Yes, but this is at the discretion of |
| support for a period before  | the court.                            |
| the parent applied? If yes,  |                                       |
| what is the period allowed   |                                       |
| (for example, from the birth |                                       |
| of the child, from date of   |                                       |
| separation, retroactivity    |                                       |
| support is limited to X      |                                       |
| years, etc)                  |                                       |
+------------------------------+---------------------------------------+

MODIFICATION OF ORDERS

+------------------------------+---------------------------------------+
| May either party request a   | Yes.                                  |
| review for modification?     |                                       |
+------------------------------+---------------------------------------+
| Will Nunavut modify its      | Yes, the Nunavut court would consider |
| existing domestic judgment   | a modification if a provisional       |
| when one of the parties      | variation order was received along    |
| resides in the USA and will  | with a transcript of proceedings.     |
| not return for \-- or        |                                       |
| refuses to participate in    | If the order being varied was made    |
| \-- the proceedings?         | under the *Divorce Act* of Canada,    |
|                              | then it can only be varied by a       |
|                              | Canadian Court.                       |
+------------------------------+---------------------------------------+
| Does Nunavut law require     | No.                                   |
| [automatic]{.underline}      |                                       |
| adjustments (for example,    |                                       |
| based on changes in the cost |                                       |
| of living, or X% every 3     |                                       |
| years, etc)                  |                                       |
+------------------------------+---------------------------------------+
| If yes, are the automatic    | N/A                                   |
| adjustments considered to be |                                       |
| modifications of the order?  |                                       |
+------------------------------+---------------------------------------+
| Is a new order issued as a   | N/A                                   |
| result of an automatic       |                                       |
| adjustment?                  |                                       |
+------------------------------+---------------------------------------+
| Is there a minimum or        | No.                                   |
| threshold amount of change   |                                       |
| that must occur before a     |                                       |
| modification is made? (for   |                                       |
| example, the order would     |                                       |
| need to change by 25 dollars |                                       |
| or more, or at least 10%     |                                       |
| change in order.)            |                                       |
+------------------------------+---------------------------------------+

COST RECOVERY

  ------------------------------- ---------------------------------------
  What costs, if any, are         None.
  recovered from the custodial    
  parent?                         

  What costs, if any, are         None.
  recovered from the              
  non-custodial parent?           
  ------------------------------- ---------------------------------------

**Appendix 6J - Ontario, Canada - Forms**

+----------------------------+-----------------------------------------+
| **IF the person in the US  | **THEN complete these forms and         |
| wants to....**             | documents....**                         |
+----------------------------+-----------------------------------------+
| Establish a new (initial)  | -   UIFSA Transmittal & Acknowledgement |
| support assessment/order   |                                         |
| in Ontario including the   | -   UIFSA Uniform Support Petition      |
| establishment of paternity |                                         |
|                            | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   UIFSA Affidavit in Support of       |
|                            |     Establishing Paternity (where       |
|                            |     applicable)                         |
|                            |                                         |
|                            | -   Supporting documentation/evidence   |
|                            |                                         |
|                            | Note: Forms packages must include at    |
|                            | least one originally sworn/commissioned |
|                            | copy and two photocopies.               |
+----------------------------+-----------------------------------------+
| Register and enforce an    | -   UIFSA Transmittal & Acknowledgment  |
| existing US order in       |                                         |
| Ontario                    | -   3 certified copies of the US order  |
|                            |                                         |
|                            | -   Certified/sworn statement of        |
|                            |     arrears                             |
+----------------------------+-----------------------------------------+
| Register & modify an       | -   UIFSA Transmittal & Acknowledgment  |
| existing US order in       |                                         |
| Ontario because the order  | -   UIFSA Uniform Support Petition      |
| is not modifiable in the   |                                         |
| US                         | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   3 certified copies of the US Order  |
|                            |                                         |
|                            | -   Supporting documentation/evidence   |
|                            |                                         |
|                            | Note: Forms packages must include at    |
|                            | least one originally sworn/commissioned |
|                            | copy and two photocopies.               |
+----------------------------+-----------------------------------------+
| Enforce an existing        | -   UIFSA Transmittal & Acknowledgment  |
| Ontario Order or Agreement |                                         |
| in Ontario                 | -   Copy of the Ontario Order or        |
|                            |     Agreement                           |
|                            |                                         |
|                            | -   Certified/sworn statement of        |
|                            |     arrears                             |
+----------------------------+-----------------------------------------+
| Modify an existing Ontario | -   UIFSA Transmittal & Acknowledgement |
| Order or Agreement through |                                         |
| the Inter-jurisdictional   | ```{=html}                              |
| Support Orders (ISO)       | <!-- -->                                |
| Authority                  | ```                                     |
|                            | -   UIFSA Uniform Support Petition      |
|                            |                                         |
|                            | ```{=html}                              |
|                            | <!-- -->                                |
|                            | ```                                     |
|                            | -   UIFSA General Testimony             |
|                            |                                         |
|                            | -   Copy of Ontario order or agreement  |
|                            |                                         |
|                            | -   Supporting Documentation/Evidence   |
|                            |                                         |
|                            | Note: The maintenance enforcement       |
|                            | program does not conduct the            |
|                            | modification process, but will file the |
|                            | application with the appropriate court  |
|                            | in Ontario.                             |
|                            |                                         |
|                            | The ISO process is [not]{.underline}    |
|                            | available where the existing Canadian   |
|                            | order was made pursuant to the Divorce  |
|                            | Act of Canada. (For further information |
|                            | contact Ontario ISO Counsel.)           |
+----------------------------+-----------------------------------------+
| Locate a person or provide | -   UIFSA Locate Data Sheet             |
| leads to assets in Ontario |                                         |
+----------------------------+-----------------------------------------+
| Request status,            | -   UIFSA Transmittal & Acknowledgement |
| assistance, or information |                                         |
| (ex: requesting income     | \*Note: status (and above referenced    |
| information for a          | verification of jurisdiction where      |
| modification, service of   | respondent resides) requests only -     |
| process, etc.)             | other services noted are not provided   |
|                            | at this time.                           |
+----------------------------+-----------------------------------------+

**Ontario, Canada - Law**

+------------------------------+---------------------------------------+
| **SERVICE OF PROCESS**       |                                       |
+------------------------------+---------------------------------------+
| Check which of the following | [\_ ]{.underline} personal service   |
| methods are used to serve    | \[Rule 6(3)(a)(i) of the Family Law   |
| process on an individual:    | Rules\]                               |
|                              |                                       |
|                              | \_ []{.underline} personal service   |
|                              | for notices under the                 |
|                              | Interjurisdictional Support Orders    |
|                              | Act, 2002, unless otherwise ordered   |
|                              | \[Rule 37(3)(and 37(19) of the Family |
|                              | Law Rules\]                           |
|                              |                                       |
|                              | Options that are available if the     |
|                              | person is avoiding personal service:  |
|                              |                                       |
|                              | [\_ ]{.underline} regular mail (no   |
|                              | receipt) \[Rule 6(2)(a) of the Family |
|                              | Law Rules\]                           |
|                              |                                       |
|                              | [\_ ]{.underline} registered mail    |
|                              | (receipted by addressee only) \[Rule  |
|                              | 6(3)(c) of the Family Law Rules\]     |
|                              |                                       |
|                              | [\_ ]{.underline} registered mail    |
|                              | (receipted by anyone at the address)  |
|                              | \[Rule 6(3)(d) of the Family Law      |
|                              | Rules\]                               |
|                              |                                       |
|                              | [\_ ]{.underline} publication        |
|                              | (example: in a legal journal,         |
|                              | newspaper, public posting) \[Rule     |
|                              | 6(17) of the Family Law Rules\]       |
+------------------------------+---------------------------------------+

+------------------------------+---------------------------------------+
| How is a non-resident or     | The court may, on motion without      |
| person whose whereabouts are | notice, order that a document is to   |
| not known, notified of       | be served by substituted service,     |
| proceedings?                 | using a method chosen by the court,   |
|                              | if the party making the motion,       |
|                              |                                       |
|                              | -   provides detailed evidence        |
|                              |     showing,                          |
|                              |                                       |
|                              | ```{=html}                            |
|                              | <!-- -->                              |
|                              | ```                                   |
|                              | -   what steps have been taken to     |
|                              |     locate the person to be served,   |
|                              |     and                               |
|                              |                                       |
|                              | -   if the person has been located,   |
|                              |     what steps have been taken to     |
|                              |     serve the document on that        |
|                              |     person; and                       |
|                              |                                       |
|                              | ```{=html}                            |
|                              | <!-- -->                              |
|                              | ```                                   |
|                              | -   shows that the method of service  |
|                              |     could reasonably be expected to   |
|                              |     bring the document to the         |
|                              |     person\'s attention.              |
|                              |                                       |
|                              | \[Rule 6(15) \[Rule of the Family Law |
|                              | Rules\]                               |
|                              |                                       |
|                              | If the person commencing the          |
|                              | proceedings does not know the         |
|                              | whereabouts of the responding party   |
|                              | at all and cannot obtain an order for |
|                              | substituted service, then the process |
|                              | cannot proceed.\]                     |
|                              |                                       |
|                              | \[Substituted Service means that the  |
|                              | court may, on an ex parte motion,     |
|                              | order that a document be served by    |
|                              | substituted service using a method    |
|                              | directed by the court, such as        |
|                              | registered mail, regular mail, and    |
|                              | personal service on another person or |
|                              | publication.\]                        |
+------------------------------+---------------------------------------+

STATUTE OF LIMITATIONS

  ------------------------------- ---------------------------------------
  Is there a statute of           No. Not as of January 1, 2004. Previous
  limitations for past due        legislation provided for a 20 year
  support? If yes describe        limitation period for the enforcement
                                  of a support order. Transitional
                                  provisions of the new legislation
                                  provide that if arrears accrued prior
                                  to January 1, 2004, and the 'old'
                                  limitation period has not expired, they
                                  will never expire. However, arrears
                                  that 'died' under the 'old' limitation
                                  period will not be revived.

  Is there a statute of           No, however an application to the Court
  limitations for establishing    for a declaration of paternity must be
  paternity? If yes describe      done when both the child and the
                                  putative father are still living. \[s.5
                                  of the Children's Law Reform Act,
                                  R.S.O. 1990, c.12\]

  Will Ontario accept a petition  Yes.
  if the only issue is support    
  for a prior period, that is, no 
  child is currently entitled to  
  support?                        
  ------------------------------- ---------------------------------------

AMOUNT OF SUPPORT

+------------------------------+---------------------------------------+
| In setting the amount of     | The presumptive rule is that the      |
| support, whose income is     | amount of child support ordered is    |
| considered in addition to    | dependant on the number of children   |
| the income of the            | under the age of majority to whom the |
| non-custodial parent? (for   | order relates and the income of the   |
| example: custodial parent's, | parent or spouse against whom the     |
| custodial parent's new       | order is sought.                      |
| spouse, child's, etc)        |                                       |
|                              | However, the Court will look at the   |
|                              | incomes of both parents when          |
|                              | determining what amount the Support   |
|                              | Payor will be ordered to pay to cover |
|                              | the special or extraordinary expenses |
|                              | of the child. In determining the      |
|                              | amount of support in circumstances of |
|                              | undue hardship, there will be a       |
|                              | comparison of household incomes.      |
+------------------------------+---------------------------------------+
| How is the amount of support | Child support is determined by the    |
| determined? (examples; by    | Child Support Guidelines which        |
| formula, % of income,        | include                               |
| tribunal discretion, etc)    |                                       |
|                              | -   Tables which set the amount based |
|                              |     on the non-custodial parent\'s    |
|                              |     income and the number of          |
|                              |     children;                         |
|                              |                                       |
|                              | ```{=html}                            |
|                              | <!-- -->                              |
|                              | ```                                   |
|                              | -   Provisions that state that        |
|                              |     special expense amounts in        |
|                              |     addition to the Table amount are  |
|                              |     to be shared proportionately      |
|                              |     between the parents               |
|                              |                                       |
|                              | -   Provisions for amounts higher or  |
|                              |     lower than the Table amount to be |
|                              |     ordered if the court finds that   |
|                              |     payment of the Table amount would |
|                              |     cause undue hardship to either    |
|                              |     parent.                           |
|                              |                                       |
|                              | Spousal support is based on the       |
|                              | circumstances of the parties.         |
+------------------------------+---------------------------------------+
| Does Ontario allow for       | Yes, but this is at the discretion of |
| support for a period before  | the court.                            |
| the parent applied? If yes,  |                                       |
| what is the period allowed   | The legislation does not set out a    |
| (for example, from the birth | specific period although case law has |
| of the child, from date of   | held that it would be paid from the   |
| separation, retroactivity    | date of separation.                   |
| support is limited to X      |                                       |
| years, etc)                  |                                       |
+------------------------------+---------------------------------------+

MODIFICATION OF ORDERS

  ------------------------------- ---------------------------------------
  May either party request a      Yes.
  review for modification?        

  ------------------------------- ---------------------------------------

+------------------------------+---------------------------------------+
| Will Ontario modify its      | Yes, the Court may make an order      |
| existing domestic judgment   | varying a support order, if satisfied |
| when one of the parties      | itself that a change of circumstances |
| resides in the USA and will  | as provided for in the applicable     |
| not return for \-- or        | guidelines has occurred since the     |
| refuses to participate in    | making of the child support order or  |
| \-- the proceedings?         | the last variation order made in      |
|                              | respect of that order. \[s.37(2.1) of |
|                              | the *Family Law Act,* R.S.O. 1990,    |
|                              | c. F.3, s. 31 (1); 1997, c. 20, s. 2  |
|                              | and s.17(1)(a) of the *Divorce Act,*  |
|                              | R.S., 1985, c. 3 (2nd Supp.)\]        |
|                              |                                       |
|                              | If the order being varied was made    |
|                              | under the *Divorce Act* of Canada, it |
|                              | can only be varied by a Canadian      |
|                              | Court. The Court will proceed with    |
|                              | the variation if it is satisfied that |
|                              | the proceeding before the Court has   |
|                              | come to the attention of the          |
|                              | responding party.                     |
|                              |                                       |
|                              | If the matter is an application in    |
|                              | Ontario under the                     |
|                              | *Interjurisdictional Support Orders   |
|                              | Act*, 2002, Ontario would forward a   |
|                              | request to register and modify the    |
|                              | judgment to the U.S. state of         |
|                              | residence.                            |
+------------------------------+---------------------------------------+
| Does Ontario law require     | No.                                   |
| [automatic]{.underline}      |                                       |
| adjustments (for example,    |                                       |
| based on changes in the cost |                                       |
| of living, or X% every 3     |                                       |
| years, etc)                  |                                       |
+------------------------------+---------------------------------------+
| If yes, are the automatic    | N/A                                   |
| adjustments considered to be |                                       |
| modifications of the order?  |                                       |
+------------------------------+---------------------------------------+
| Is a new order issued as a   | N/A                                   |
| result of an automatic       |                                       |
| adjustment?                  |                                       |
+------------------------------+---------------------------------------+
| Is there a minimum or        | No.                                   |
| threshold amount of change   |                                       |
| that must occur before a     |                                       |
| modification is made? (for   |                                       |
| example, the order would     |                                       |
| need to change by 25 dollars |                                       |
| or more, or at least 10%     |                                       |
| change in order.)            |                                       |
+------------------------------+---------------------------------------+

COST RECOVERY

+------------------------------+---------------------------------------+
| What costs, if any, are      | None.                                 |
| recovered from the custodial |                                       |
| parent?                      |                                       |
+------------------------------+---------------------------------------+
| What costs, if any, are      | The following fees are charged by the |
| recovered from the           | Director of the Family Responsibility |
| non-custodial parent?        | Office:                               |
|                              |                                       |
|                              | \$25.00 = Statement of Arrears        |
|                              |                                       |
|                              | \$150.00 = confirmation of identify   |
|                              | letter                                |
|                              |                                       |
|                              | \$400.00 = enforcement fee once every |
|                              | 9 months if aggressive steps taken    |
|                              | \[*Ontario Regulation* 160/00\]       |
+------------------------------+---------------------------------------+