Henderson Heinrichs LLP

How do I obtain a support order if my former spouse has moved to another jurisdiction?

Kevin Heinrichs

Written by: Kevin Heinrichs (View All Posts • View Bio) Published: August 14, 2014

Categorized: Child Support.

Under the current global economy, it is not uncommon for individuals to move to another jurisdiction following a separation or divorce.

Having a former spouse, who may still owe support obligations to you or your children, move to another jurisdiction could bring undesirable challenges to your circumstances. Luckily, the Interjurisdictional Support Orders Act (the “ISO”) provides a statutory scheme that allows a Vancouver family lawyer or an individual to obtain a support order or to change an existing order in a different jurisdiction. This means that an individual residing in British Columbia is able to use the ISO framework to obtain a support order in a different province or what is known as a “reciprocating jurisdiction”: any other jurisdiction that has agreed to pass and implement the ISO uniform statute.

Section 6 of the ISO regulations lists the reciprocating jurisdictions: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/15_2003#section6

The process for a Vancouver family lawyer to obtain an original order begins with completing a support application as set out in Section 5 of the ISO, which must be carefully followed and sworn. If an individual is seeking to vary an existing support order, section 25 of the ISO must be completed. Under both circumstances the claimant is neither required to notify or serve the Respondent of the application being made under the ISO .Once the corresponding documents are completed and submitted to the designated authority, the application is forwarded to the respondent’s jurisdiction. A family law lawyer is able to advise you on the details of the application process, and assist you in completing the required forms.

If you are owed maintenance obligations from your former spouse who lives in a different jurisdiction, it is a good idea to contact a Vancouver family lawyer to determine the most cost effective and efficient solution to obtain a support order from another jurisdiction and enforce it in British Columbia.

Angie N. Riaño

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