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Enforcement of Support Orders: When the Payer lives Outside of Ontario
When couples separate after ending a relationship, one partner may move to a different province or even a different country. Relocating outside of Ontario can create a challenge when obtaining, enforcing, or varying a child or spousal support order.
The Interjurisdictional Support Order Unit of the Family Responsibility Office administers the Interjurisdictional Support Order Act, 2002 (“ISO Act”). Under the ISO Act, support orders issued by a court outside of Ontario can be registered and enforced with a court in Ontario.
A key element of the ISO Act is that a hearing is held in one jurisdiction, whereby the applicant (the personal applying for the support order) can apply to obtain or change a support order in a reciprocating jurisdiction without having to appear in person.
A “reciprocal jurisdiction” is a jurisdiction that has entered into an arrangement with Ontario to enforce support orders. All Canadian provinces and territories, the United States of America, and several other countries, including the United Kingdom, Figi, South Africa, Switzerland, and Barbados, are reciprocating jurisdictions.
To commence the application process, the applicant must complete and submit an application for support to the ISO Unit office. The office reviews the application and sends a copy to the proper authority in the reciprocating jurisdiction nearest to the residence of the respondent. The application is then forwarded to the appropriate court and a court date is set. The respondent is notified about the proceedings and is provided with an opportunity to file a response.
At a hearing, after reviewing the evidence submitted, a judge will render a decision and make an order on the issue of support. Once registered, the order will be of same force and effect as if rendered by an Ontario court for the purposes of enforcement.
The ISO application procedure can involve complex questions about which jurisdiction’s laws apply and how the various laws can affect you. Contact Niren and Associates Family Law Practice at 416 222 4555 or email us at info@divorcesupport.ca to speak with an experienced family law and divorce lawyer who can advise you about your rights and guide you through the process of obtaining support.
Filed in Child Support, Divorce, Spousal Support, Support Orders • Tags: Interjurisdictional Support Order Act, ISO Act