The Divorce Act and the Interjurisdictional Support Orders Act, and Regulations made under that Act, provide a process to obtain or vary a support order where the person who is being asked to pay support lives outside of Newfoundland and Labrador. These statutes only apply to support orders. They cannot be used to apply for or to vary a parenting order in such situations.
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 file your application with the Court.
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 a list of forms and guides detailing this process, which is designed to assist parties in selecting the appropriate forms to use in pursuing or responding to an application.