The Interjurisdictional Support Orders Act and Regulations made under it apply where either the person who is seeking a support order or the person who is being asked to pay support lives outside the province of Newfoundland and Labrador. It can be used to obtain a new order for child, spousal or partner support or to vary an existing order. It cannot be used to apply for or to vary an order with respect to custody of or access to a child.
If you live in Newfoundland and Labrador and you are seeking support from a person who lives outside the province, you must complete the necessary application and file it with the Director of Support Enforcement. The Director’s office is the designated authority referred to in the Act. Please note that you do not use the standard court application (Form 1). As well, you do not file your application with the Court and you are not required to attend a Court hearing.
If you live in this province and someone who lives outside the province is seeking support from you, they will file their application with the designated authority in their area, and it will be sent to the designated authority in this province and from there, to the appropriate Court. You will be served with a notice requiring you to appear at Court and you are expected to file a response and all required financial information with the Court. The Court will still use the Child Support Guidelines Regulations and the applicable child support table to determine the amount of child support, medical and dental insurance and special or extraordinary expenses which you must pay. The Court may also refer to the Spousal Support Advisory Guidelines if the application relates to spousal or partner support.
The Department of Justice website provides general information about this process and a brochure which is designed to assist parties in selecting the appropriate forms to use in pursuing or responding to an application.