Frequently Asked Questions - SUPPORT ENFORCEMENT

Disclaimer:

Please note that this is not a legal text and will not give you legal advice. These "Frequently Asked Questions" (FAQs) will give you general legal information. To get legal advice regarding a family law issue, you would have to speak with a lawyer who practices family law.

Links to other websites are provided solely for your convenience. The Department of Justice Canada is not responsible for the information you may find on any other site.

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Support Enforcement

If you do not see the answers to your enforcement questions here, you may find them in the section dealing with Family Law Assistance Services

1. Who should I contact about enforcing my support order?
   
   
2. How do I enforce my support order when the other person has moved to another province/territory in Canada?
   
   
3. What is a reciprocity arrangement?
   
   
4. What is a reciprocating jurisdiction?
   
   
5. Can I enforce my family support order when the other person lives in Canada and I live in another country?
   
   
6. How do I know if the other person involved in my support order is living in an area that is considered a reciprocating jurisdiction?
   
   
7. What can I do if my country does not have a reciprocity arrangement with the province or territory where the other person lives?
   
   
8. My country has a reciprocity arrangement with the province/territory where the other person lives. Can I get or change a support order, if the only information I have is the name of the province where the other person lives?
   
   
9. I do not have an order or agreement for child support or spousal support. My former spouse and I agreed informally to an amount but my former spouse has now stopped paying. Can any enforcement action be taken to help me?

1. Who should I contact about enforcing my support order?

In Canada, the provinces and territories have primary responsibility for enforcing family support orders and agreements. Contact the Maintenance Enforcement Program in the province or territory where you live.

2. How do I enforce my support order when the other person has moved to another province/territory in Canada?

All provinces and territories have reciprocity arrangements allowing them to enforce a support order from a different province or territory. You can contact the Maintenance Enforcement Program in the province or territory where you live for help to enforce your order.

3. What is a reciprocity arrangement?

A reciprocity arrangement allows a province or territory to get, change or enforce a support order from a different province or territory, as well as with a number of U.S. states and other countries. This means that a support order can be made, changed or enforced even if the payor and the recipient do not live in the same jurisdiction, as long as there is a reciprocity arrangement in place. For more information, please contact your provincial or territorial authority responsible for support order reciprocity arrangements.

4. What is a reciprocating jurisdiction?

A reciprocating jurisdiction is a territory, province, U.S. state, or country that has entered into a formal arrangement with a Canadian province or territory to enforce each other's support orders.

5. Can I enforce my family support order when the other person lives in Canada and I live in another country?

Yes, it may be possible to enforce your support order if the province or territory where the other person lives has a reciprocity arrangement with the country or U.S. state where you live. For more information on this process, either you or the authorities responsible for enforcing support orders in your country should contact the Canadian provincial or territorial authority responsible for reciprocity arrangements where the payor lives. You may also wish to seek legal advice.

6. How do I know if the other person involved in my support order is living in an area that is considered a reciprocating jurisdiction?

On this website, you can find a list of jurisdictions that have made reciprocity arrangements with individual Canadian provinces and territories. While every effort is made to keep this list up-to-date, we cannot guarantee that it is complete. For the most up-to-date information on countries that have a reciprocity arrangement with an individual province or territory, you may wish to contact the provincial or territorial authority responsible for reciprocity arrangements.

7. What can I do if my country does not have a reciprocity arrangement with the province or territory where the other person lives?

It is much harder to enforce a support order if there is no reciprocity arrangement, but it may still be possible in certain circumstances. You may wish to contact support enforcement authorities in your country or in Canada, and seek legal advice to explore your options.

8. My country has a reciprocity arrangement with the province/territory where the other person lives. Can I get or change a support order, if the only information I have is the name of the province where the other person lives?

You should contact the provincial or territorial authority responsible for reciprocity arrangements for information about obtaining or changing a support order when you do not have the other party's address.

9. I do not have an order or agreement for child support or spousal support. My former spouse and I agreed informally to an amount but my former spouse has now stopped paying. Can any enforcement action be taken to help me?

No. If you don't have a court order or a written and signed agreement, there is nothing to enforce. You would have to get a court order or a written agreement for support first and then make arrangements to have it enforced.