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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 09-26-2010, 09:30 AM
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Default Help! How to register child support order in another province!!!???

My court order regarding child support was finalized and registered in Ontario. I moved to Quebec and was told by the regie that in order to obtain standard child assistance (baby bonus provincial allotment) I need to have my "(Ontario) JUDGEMENT REGISTERED" in Quebec. How do I do this?

I went to the courthouse in Montreal to register it and they said they knew nothing about this. I made several calls all over. Anyone else had this problem? Right now the order/judgement of support is being handled by the FRO. Do they do the transfer or register it in the new province? I'm tired of getting the runaround from all of these government offices!!!! HELP!
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Old 09-26-2010, 11:50 AM
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If you register with the local province FRO/MEP agency, they should contact the other province's agency, and get the support sent to you through your local agency.
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Old 09-26-2010, 01:42 PM
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a copy of her order needs to be filed ("registered") with the courts. (at least, that is the way it works in the rest of the country...but Quebec is civil code...and I am not as familiar with it). FRO will continue to enforce it, then the amount is sent to the Quebec agency, who sends funds to you...

...the good news is...should you need to deal with FRO, their ISO unit (interjurisdictional support orders) is WAYYYYY better than the rest of the people who don't know what the heck they do 37.5 hrs a week!

I'll see what I can dig up on getting it registered, since I assumed the process would be the same...
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Old 09-26-2010, 02:00 PM
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Ok...it should be as simple as you thought...it is covered in PQ by An Act Respecting Reciprocal Enforcement of Maintenance Orders, R.S.Q. c. E-19...

CanLII - An Act respecting Reciprocal enforcement of maintenance orders, R.S.Q. c. E-19

It should be as simple as ensuring a copy of your court order makes it to the Superior Court of Quebec...
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Old 09-26-2010, 02:04 PM
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You may need to ask the court clerk in Ontario to fax it to the court clerk there, if they want the "official". However, I would expect that a copy of your original is enough.
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Old 09-26-2010, 02:06 PM
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I would also speak to FRO about transferring the file to Quebec's MEA...and then following up within the week with the MEA.
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Old 09-26-2010, 04:13 PM
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The ISO Act is a uniform statute that all provinces and territories in Canada have agreed to pass. The act allows parties residing in different jurisdictions to obtain and vary maintenance orders under provincial legislation more quickly and easily. It benefits families by increasing the likelihood of entitlement to maintenance and facilitates the speedier enforcement of Canadian maintenance orders.

This is from Alberta, but each province is similar.

17
(1) To enforce an extra-provincial order or a foreign order, the claimant or the appropriate authority of the reciprocating jurisdiction must send a certified copy of the order to the designated authority in Alberta.
(2) On receiving a certified copy of the extra-provincial order or foreign order, the designated authority must send a copy of the order in accordance with the regulations to the clerk of the Alberta court.
18(1) On receiving a copy of the extra-provincial order or foreign order, the clerk of the Alberta court must register it as an order of the court.
(2) On being registered, the extra-provincial order or foreign order
(a) has, from the date it is registered, the same effect as if it were a support order made by an Alberta court, and
(b) may, with respect to arrears accrued before registration and with respect to obligations accruing after registration, be enforced or varied as provided in this Act whether the order is made before, on or after the day on which this Act comes into force.
(3)
An order registered under subsection (1) may be filed with the Director of Maintenance Enforcement and, if so filed, must be enforced in Alberta in accordance with the Maintenance Enforcement Act.
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Old 09-26-2010, 04:15 PM
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The ISO act does not apply to Divorce Orders.
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Old 09-26-2010, 04:19 PM
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Quote:
Originally Posted by InterprovincialParents View Post
The ISO act does not apply to Divorce Orders.
Ok, but how about the support order? The ISO act has authority over that?

I have not had personal experience with this, but a friend of mine did. All she did was took the Alberta order to the BC MEP, and they did the rest.
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Old 09-26-2010, 04:24 PM
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It does not apply to Quebec...read the act.
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