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Saturday, February 06, 2016
Saskatchewan Justice

The Inter-jurisdictional Support Orders Act enables Saskatchewan courts to grant and register support orders or agreements when the claimant (the person receiving support) and the respondent (the person paying support) do not live in the same province or country. The Act can also be used to establish paternity as part of the maintenance proceeding.

The Act provides for the registration and enforcement in Saskatchewan of a support order or agreement that was not made in Saskatchewan. This situation applies if there is an existing order or agreement and a claimant or respondent then moves to Saskatchewan.

The Act also allows a Saskatchewan order or agreement to be sent to another province or country for registration and enforcement after a claimant or respondent has moved out of Saskatchewan. In this way, the Act ensures that the payments under a support order continue to be made even after one party has moved to a different jurisdiction.

The Act applies to all jurisdictions which Saskatchewan has recognized as having similar laws for maintenance enforcement. Saskatchewan has reciprocal arrangements with all the Canadian provinces and territories, as well as with many other countries.

The Act also provides a procedure to follow if there is no maintenance order or if one of the parties wants the order changed.

One party prepares a support application or support variation application package that will be sent by the Maintenance Enforcement Office to the reciprocating jurisdiction. A court hearing will be held in that jurisdiction, and a support order made, based on the evidence supplied by the claimant and the respondent.

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