The Vancouver BC interjurisdictional Support Orders Act and foreign payor support lawyers at MLG note that a common problem for BC Family Law litigants is enforcing an order or even obtaining an initial order for child support or spousal support from another person who lives outside of BC, whether in another Canadian province or even in another country. It can be intimidating to even know where to start – maybe you don’t even know where exactly they live. Call us toll free 1 877 602 9900 or contact us now!
While there are options, a very good one worth pursuing is utilizing the Interjurisdictional Support Orders Act, which is BC legislation that has been in effect for almost ten years. The ISOA provides for a process where a BC litigant can obtain an order for support against someone in a foreign jurisdiction without having to travel to that jurisdiction, or even – in many cases – having to personally appear in Court in BC.
While this type of relief has been available for many years (previously under certain sections of the Family Relations Act),the ISOA streamlines the process to an extent. Where previously the applicant would have to attend Court in BC and provide evidence to obtain a “Provisional Order”, and then that order would be sent to the Court in the jurisdiction where the payor resides for an additional hearing to confirm the Order, in many cases now a Provisional Order is not required. An applicant in BC can now fill out an application with specified information (see below), submit it to the government agency which handles these applications here in BC, and it will be sent to the government agency in the jurisdiction where the payor resides for a hearing. The BC applicant need not travel to Newfoundland, Nova Scotia, or New Zealand – wherever the payor lives – to attend the ultimate Court hearing. Once the Order is made there it is enforceable against the person in that jurisdiction, usually through an agency similar to the Family Maintenance Enforcement Program (FMEP).
For the ISOA to apply, the other jurisdiction must be a “Reciprocating Jurisdiction”. This includes all of Canada, all of the United States, Australia, New Zealand, some countries in Europe including the UK and Germany, Hong Kong, and Singapore.
What information is needed when filling out the ISOA forms to send to the government? The easiest example is if you are seeking an Order for child support, where no order has been made previously and both you and your child reside in BC:
- Your name and address
- A copy of the legal authority upon which you are relying
- The amount of support claimed and its nature (child or spousal support)
- A sworn document including:
o the Respondent’s name and any information you know that can be used to locate him or her
o the financial circumstances of the Respondent to the best of your knowledge
o the date of birth of the child for which support is claimed
o evidence detailing parentage of the child, as well as financial circumstances of the child
Some other information may be required. Make reference to the forms provided, or consult a BC Family lawyer.
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– James Cumdore
