The Inter-jurisdictional Support Orders (ISO) Unit assists individuals in:
- Applying for child support or changes to child support where the other parent resides outside Saskatchewan;
- Arranging for registration of the applicant’s order or agreement in the other jurisdiction; and
- Working with the other maintenance enforcement program to collect payments.
To obtain a child support order where you were not married to the other parent, and the other party lives in another jurisdiction, you have a number of options so it is recommended that you consult a lawyer.
If you were, or still are, married to the other parent and you want a child support order, or you want to change an existing child support order, it can only be changed in a Canadian superior court. To obtain a support order as part of divorce proceedings, you should seek the advice of a lawyer, as the procedure can be fairly complex. You can also contact the Family Law Information Centre for assistance with variation of orders at 306-787-5837 or toll free in Saskatchewan at 1-888-218-2822.
To bring an application through the ISO Unit, you may wish to retain a lawyer or you can complete the application yourself. You, or your lawyer, do not need to be in court in the other jurisdiction. Your completed application package will outline evidence.
There are a number of forms you may need to fill out, depending on your situation. It is suggested you begin by reviewing the Form Support Guide.
The Support Application/Support Variation Application (Form A) is the first of a series of forms for your application for a reciprocal support order (for a parent living in another jurisdiction). It tells the court what you are asking for and who you are. It gives a brief summary of any court action involving support and a history of your relationship with the other parent.
The jurisdiction where the other parent is living will need an Identification Information (Form B) form. The information you provide in this form will help the court find the other parent and give them notice that you have applied for an order. Along with this form, you will need to fill out the Statements to Support a Declaration of Biological Parentage (Form D) form.
If you need to have the court declare that the respondent is the parent of the child(ren), you must fill out the Evidence of Parentage (Form C) form for each child for whom you are claiming support.
If you believe the respondent will dispute parentage, you must fill out the Statements to Support a Declaration of Biological Parentage (Form D) form.
To claim support for one or more children, you’ll need to fill out a Child Support Claim (Form E).
If the respondent does not go to court or give the court the financial information it asks for, you will need to provide a Request for Support Order (Form F).
If you are making a claim for a child support amount that is not in a child support guidelines table, you’ll need to fill out a Request for Child Support Order, Different than Child Support Guidelines Table Amount (Form G).
If there are special expenses for the child(ren) that fall outside the regular support guidelines, such as childcare or medical/dental expenses, use the Special Expense Claim (Form H).
If you are the person paying child support and are asking the court for an order that you pay a different amount, you must fill out a Request to Pay Child Support, Different than the Child Support Guidelines Table Amount (Form I).
If you decide that you are entitled support for yourself, fill out the Support for Claimant/Applicant (Form J) form. This form informs the court about your life. With this information the court may be able to decide if you should receive support for yourself, how much, and for how long.
If you think the respondent in another jurisdiction may dispute the amount you are claiming for support, you must fill out a Financial Statement (Form K) form.
If you are claiming support for a child who is the “age of majority” or older, you must fill out a Child Status and Financial Statement (Form L).
If you want to change your support order, whether you are paying support or receiving support, fill out the Evidence to Support Variation of a Support Order (Form M) form.
As the respondent, once you receive the application for a court order you will need to fill out a Respondent’s Answer to Application (Form N) form.
Once you have completed any applicable forms, you must submit your sworn originals and three photocopies of the sworn originals to:
Family Justice Services
Room 100, 3085 Albert Street
What happens next?
The other parent will receive formal notice that you have made an application to the court. They will get a copy of your application. A court date is set, and they are told to file a package of sworn documents at the reciprocating court. The reciprocating court is the jurisdiction where the other parent will file and appear in court.
On the court date, a judge will look at the package of documents you sent, along with any documents the other parent filed. The court may hear sworn evidence from the other parent if they are in court (with or without a lawyer). The judge can then make an order.
Note: Sometimes the judge will want more information from you before making an order. If this happens, the court will make a ‘Request for Further Information', saying what it needs from you.
The court will look at the information given and may:
- grant the order you are seeking;
- not grant the order you are seeking (you will be given reasons why); or
- make a different order on such terms that the court sees fit.
If you do not agree with the order, or think that the court did not have all the facts, you can make another application or appeal the order in the jurisdiction where it was made.