When does the ISO Act apply?

In a previous blog, I discussed the Interjurisdictional Support Orders Act (the “ISO Act”).  In this post, I will discuss when the ISO Act applies and how to register an order once it is obtained. The ISO Act applies to:

registering support orders made in reciprocating jurisdictions for enforcement in Ontario

making or varying a support order when the applicant lives in Ontario and the other person lives in a reciprocating jurisdiction

making or varying a support order when the applicant lives in a reciprocating jurisdiction and the other person lives in Ontario.

A support order made in a Canadian reciprocating jurisdiction is registered for enforcement in the Ontario court and sent to the Family Responsibility Office (“FRO”). FRO registers the support order and begins to enforce it. If a support recipient chooses to do their own enforcement, they can withdraw from FRO’s enforcement program.A support order made in a reciprocating jurisdiction outside of Canada is also registered for enforcement in the Ontario court. In these situations, the court gives the support payor a notice of the registration. The notice or registration advises the payor that they have 30 days to make a motion to the court to set aside the registration. This means that they can ask the court to make an order that the support order cannot be enforced in Ontario.