Interjurisdictional Support Orders (ISO) Act

If you live in Nova Scotia and the other party does not, the Interjurisdictional Support Orders Act (ISO Act) sets out how to get, change or enforce a support order. The ISO Act does not apply to the Divorce Act.

Application Package

If you are seeking a court order with respect to support, you must complete an application package providing information about your case. The application must be signed before a Notary Public. Most lawyers are Notaries Public. They will have you swear or affirm that the contents of the documents are true.

Take the completed, sworn application to Nova Scotia Family Court or Supreme Court (Family Division). It will then be reviewed for completeness. If the package is complete, it will be sent by the court to the Nova Scotia Reciprocity Officer. The Reciprocity Officer will then send the application to the jurisdiction (province or country) where the other party lives.

 

Court Hearing in Other Province or Country

(Applicant lives in Nova Scotia)

A court hearing will be scheduled in the jurisdiction where the other party lives.

The other party will be served with the application and given notice of the date and time they must appear in court. The court can make a support order based on the evidence in the application package and the evidence submitted in court. The court may require additional information before making its order. If this happens, you may be contacted.

 

Court Hearing in Nova Scotia

(Applicant lives in other province or country)

The ISO Act can also be used when someone who lives in another jurisdiction is applying for a support order against someone who lives in Nova Scotia. In those cases, the Reciprocity Officer receives the application package from the other jurisdiction, and a court date is arranged in Nova Scotia. The person responding to the application is served with the application package and notice of the court date. The Nova Scotia court can make an order for support, based on the application package and the evidence heard in court.

 

Court Hearing in Nova Scotia

(Applicant lives in Nova Scotia and provisional order is required)

In certain cases, a person applying for support must appear in court in Nova Scotia to give evidence about their case and get a "provisional order." A court hearing is scheduled in the place where the other person lives. This provisional order is not enforceable until it is accepted by the court where the other person lives.

The other person will have an opportunity to appear in court and present their evidence. A provisional order will be required when the other party lives in the United Kingdom or Quebec. Also, provincial ISO legislation does not currently apply to Divorce Act orders. If you are divorced or seeking a divorce, and you want the court to deal with support, you may need to get a provisional order.

Click here to review NS ISO Act.
Click here to review the NS ISO Regulations.

 

Forms and Guides

A master form, FormSelect, will help people determine what forms will be required. The forms and guides are available, at no charge, at Family Courts and the Supreme Court (Family Division) throughout Nova Scotia, and online at the Justice website here.

 

Common Questions and Answers

How does ISO work?

The person who wants to get (or change) an order for support will fill out a set of detailed application forms. The forms will include all the information that would normally be included in a court hearing so the judge will have all the facts needed to make a decision. The forms must be signed before a lawyer or Commissioner of Oaths. They will have you swear or affirm that the contents of the documents are true.

The application package will be sent to the place where the other person lives. The other person will be required to appear in court and provide evidence. The judge will then have a full picture of the family situation and can make an order.

 

Who is affected by the ISO Act?

ISO applies when the two people live in different provinces, territories, states, or countries. If one or both of the parties want to get a support order, or change an existing one, or enforce an order, ISO may allow them to do so. ISO does not apply to parties who are divorced or are seeking a divorce.

 

What is support reciprocity?

Support reciprocity is the legal step that allows the laws of one place to be recognized by another place. The foundation of reciprocity is that the two places have "substantially similar" laws about support and that they have agreed to recognize and honour the support orders made by the other.

 

Will ISO apply to all support orders?

No. ISO legislation has been passed by all the Canadian provinces and territories, except Quebec. ISO does not apply to parties who are divorced or are seeking a divorce.

 

Does ISO apply outside of Canada?

Yes, it does. As long as the parties live in "reciprocating jurisdictions" - two places that have agreed to recognize and honour each other's laws and orders - the ISO process can be used to get or change a support order. If the other person lives outside Canada, it is important to find out if the other place is a reciprocating jurisdiction before beginning. Ask a family law lawyer, consult the public library or contact the maintenance/support enforcement program where you live. Some non-Canadian reciprocating jurisdictions will have special forms or procedures that must be used.

 

What can be done if the other person lives in a non-reciprocating jurisdiction?

If the other person lives in a non-reciprocating jurisdiction, the ISO procedures may not apply. To get an order, or change an existing one, it will be necessary to get legal advice on the options available.

For additional information:

• Click here for the Canadian federal Department of Justice website's section on support enforcement in Canada, then click on "Provincial/territorial law - interjurisdictional support orders (ISO) legislation and reciprocity arrangements." This section has links to all of the provincial and territorial websites as they relate to interjurisdictional support.
• Click here for the US federal Office of Child Support Enforcement Website.
• Click here for information on how the European Union states enforce support among themselves.