When people get divorced, they no longer have to answer to each other and can live anywhere they please. However, if they share children and one parent lives out of province, they should know that they’re not off the hook when it comes to child support and other issues. Alberta is part of what is known as the Interjurisdictional Support Orders Act which gives it the right to change, enforce and recognize family law orders from other provinces, territories and certain countries.
For instance, if one parent lives in Alberta and another lives in another province or country that has opted into the law and the parent in Alberta wishes to file an application for a child support order on the out-of-province parent, he or she can do so in an Alberta court. If a judge agrees, a provisional order will be issued and sent to the jurisdiction in which the other parent resides. A judge there will review the order and the parent will be notified and a judge will make the decision whether to grant the order, issue an interim order, send the order back for more evidence or refuse to grant the order. This can also work in reverse — a parent in another province or country may issue an order against a parent living in Alberta.
Even though the process can take time, it saves parents from having to travel out of province to see to child support orders. When it comes to foreign orders, they can be registered with the court and sent to the Maintenance Enforcement Program to make sure child support is paid. If a support order needs to be issued in a country that doesn’t reciprocate family law orders, a lawyer may be able to help.
Family law rules can be complex and confusing. An Alberta lawyer may be able to help his or her client sort out issues such as those involved with child support. It is best to have the right legal information before proceeding with any requests that must be filtered through the courts.
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