Interjurisdictional Support Orders in Alberta: A Comprehensive Guide

When one party seeks to collect child or spousal support from a different province, what they are actually seeking is called an interjurisdictional support order (ISO). This blog post will discuss what ISOs are, how they function in Alberta, what Albertans need to know when dealing with these orders, and the broader implications for family law.

Understanding Interjurisdictional Support Orders

Interjurisdictional Support Orders are legally binding Orders across jurisdictional lines to make it easier for individuals to enforce child and spousal support obligations when parties reside in different jurisdictions. The significance of ISOs has grown as families become increasingly mobile, whether due to career opportunities, education, or personal choices. Because each province and territory in Canada has its own set of family laws, having a framework that allows for the easy transfer and enforcement of support orders across these boundaries is vital.

The Legal Framework in Alberta

In Alberta, the management and enforcement of Interjurisdictional Support Orders fall under two separate pieces of legislation: the Interjurisdictional Support Orders Act, for parties who were never married, or who are married and do not wish to get divorced; and the Divorce Act for parties who are married and wish to get divorced or were previously married.

The Divorce Act instructs parties to use the process set out in each province’s respective provincial law, which in Alberta is the ISO. This ISO lays the baseline for recognizing and enforcing support orders from other jurisdictions while ensuring that Alberta’s statutory provisions adequately address the situation. It is designed to ensure that individuals receive the support to which they are entitled, regardless of where the payer lives. However, just because the process is the same under the Divorce Act and the ISO, be sure to apply for support under the correct Act.

If there is no support order already in place, the ISO also permits a party to apply for support in a different province.

Key Features of Interjurisdictional Support Orders in Alberta

• Reciprocity: The provinces and territories facilitate mutual assistance in enforcing support orders. This means a support order issued in Alberta can be enforced in any other province and vice versa.
• Registration: The process begins with the registration of an existing support order from another jurisdiction with the Alberta courts. This registration is crucial as it grants the Alberta courts jurisdiction to enforce or modify the order.
• Simplified Process: The ISO process is designed with accessibility in mind. Parties can apply for an ISO without needing to appear in court in the jurisdiction where the original order was issued.
• Support Enforcement: Upon registration, Alberta courts can utilize various enforcement mechanisms to ensure compliance with the support order, thereby providing a safety net for recipients.

An In-Depth Look at the ISO Process

To better understand how Interjurisdictional Support Orders work in Alberta, it’s important to break down the processes involved step by step:

1. Determine Jurisdiction

The initial step is deciding the proper jurisdiction for your application. In determining entitlement to support and the amount of support for a claimant, the Alberta court must first apply the law of Alberta, but if the claimant is not entitled to support under that law, the Alberta court must apply the law of the jurisdiction in which the claimant and respondent last maintained a common habitual residence.

Regarding child support applications, if the child resides in Alberta the law of Alberta will likely govern. If the party claiming spousal support resides in Alberta, the law of Alberta will likely govern.

2. Determine which Act applies

The Divorce Act, as stated above, governs parties who are married or who were married. Under the Divorce Act the forms you should be using are Form A.3 of Form A.4.

If you were never married, the ISO is the correct legislation to apply under. Under the ISO, the forms you should be using are Form A.1 or Form A.2.

3. Gather Required Documents

Essential documents must be collected to support your ISO application. This generally includes:

• Original Support Order (if any): This is the key document recognized by the court, outlining the terms of the support obligation.
• Application: there are several different Applications which may be made. Parties can apply for Support under the ISO or the Divorce Act. Parties may also apply to vary an existing support order under the ISO or the Divorce Act.
• Proof of Income: This may include recent pay stubs, tax returns, or any other documentation that outlines the income of the parties involved. This information may be necessary if a modification to the support order is sought.
• Proof of Residency: Documentation that verifies the residency status of the parties involved is important for establishing jurisdiction.
• Additional Evidence: Any documents that support the need for the ISO, such as communication regarding non-payment or disputes relating to the original order.

4. Complete the Application

Completing the required forms for the Interjurisdictional Support Order is a straightforward process but one that needs careful attention to detail. Forms can be acquired through the Alberta Court’s official website or through family law resources. It is important to review which forms are available and to ensure that all of the correct forms are filled out. There are over 15 separate forms which may be relevant to the application. Key information will include:

• Parties’ Information: Names, addresses, and contact information for both the payer and recipient.
• Details of the Support Order: This section should outline the specifics of the existing support order, including amounts payable and the frequency of payments.
• Additional evidence which may be relevant to the application: this may include information on working history, a history of non-payment of support, and the parenting plan that is currently in place.
• Requested Changes (if any): If you are seeking to modify the existing order, provide justifications and evidence to support your request.

There are many different forms to navigate when completing the application, be careful to review each form and ensure that you have included all necessary forms for your claim. You may be required to fill out an Affidavit explaining your position regarding support, and that will need to be sworn with a Notary or lawyer.

4. Submit Application

Once the application is fully completed, it should be filed at the appropriate courthouse in Alberta. Accompanying documents will also need to be submitted, and a filing fee may be applicable. It is important to keep copies of everything for your records.

5. Court Hearing (if necessary)

Depending on the circumstances of your case, a court hearing may be required. This is typically to address any disputes over the registration or enforcement of the support order or whether support should continue to be enforced. Should a hearing be necessary, both parties will be notified, and they will have an opportunity to present their cases.

6. Enforcement
After successful registration, the Alberta courts hold the authority to enforce the support order. Parties typically register their support Orders with the Maintenance Enforcement Program in Alberta to enforce payment.

Conclusion
Navigating family law can be complex, especially when it involves multiple jurisdictions. Interjurisdictional Support Orders serve as a vital tool for individuals seeking to enforce support obligations across provincial lines. In Alberta, understanding the ISO process—from registration to enforcement—is crucial in ensuring that support orders are upheld and that individuals receive the financial assistance they are entitled to. Whether you are a recipient or payer of support, being well-informed about your rights and responsibilities will empower you to manage your situation effectively. If you encounter challenges with support orders that span across borders or jurisdictions, consulting a family law professional can provide valuable guidance and support.

By leveraging the protections afforded by Interjurisdictional Support Orders, residents of Alberta can take confident steps toward resolving their support issues in a fair and efficient manner, ensuring that the welfare of children and dependents remains a top priority.