INTENT

To enable the respondent to provide information to the Child Support Services (CSS) program and the court prior to the court hearing date.

POLICY

Introduction

When a respondent is served with a Claim package under the Family Law Act (FLA) for either support or an application to vary support, the respondent may respond by choosing to use the approved Justice forms (response and any affidavit) to respond to. This enables the respondent to formally respond to the application and provide financial disclosure, if requested, prior to the court date.

It is not mandatory for respondents to complete these documents and there are no sanctions if they do not complete and file the forms with the Clerk of the Court and serve the Child Support Worker (CSW) with the documents.

The respondent may also return the documents to the worker without filing them at court.

Respondent Request for Financial Disclosure

The CSW always includes the applicant’s financial information, if required, in the Claim package served on the respondent. If the CSW was not aware of circumstances that would require financial disclosure, the respondent can request applicant financial information in his affidavit. e.g. respondent is claiming hardship.

The worker can send the requested financial information to the respondent by mail if applicant disclosure is required.

Information for Respondent

The CSW does not help the respondent fill out the response and any affidavit.  The worker does not file the documents at court on behalf of the respondent as this could open the possibility of allegations of interference or abuse.

The respondent must file the original documents and appropriate photocopies with the Clerk of the Court of King's Bench and serve the CSW (or other CSS office contact) at least ten business days before the court hearing.  The respondent should also complete an Affidavit of Service and file their Affidavit of Service package with the clerk.

The documents must be filed at the same courthouse where the CSW filed the Claim package.  If the respondent lives a distance from that court house, the respondent can file his documents by mail. The respondent must include a stamped self-addressed envelope in order for the Clerk to file and return the documents.

If a respondent has questions about how to complete the Response and/or any affidavit, the CSW refers them to the:

• Justice website or
• Family Justice Services website or 
• Family Law Information Centre website or
• The nearest courthouse or

If the respondent has not filed a Response and/or any affidavit and has not served the CSW prior to court, the CSW may ask the department lawyer:

• To request a support order if the CSW has sufficient information to ensure an appropriate amount of support is obtained and if a finding of parentage can be obtained at the List Date or
• Obtain an adjournment for the purposes of DNA testing or if the respondent requests legal advice or for financial disclosure reasons.

If the respondent does not appear at court, the FLA provides the judge with the authority to make an order in the respondent’s absence based on information provided in the Claim package and any Response and Reply Statement documents filed with the court.