Jurisdiction for support or maintenance issues can depend on where you live, where the other party is living, where your child is living, and whether you were ever divorced from the other person. Figuring out jurisdiction for these issues can get tricky, and you should speak with a lawyer or court staff for help.
If both you and the other parent live in Nova Scotia, you can contact the court nearest to you to start the court process, or you may have to contact the court where the other parent is living, if the children also live there.
If you are living in Nova Scotia, and the other person lives outside of Nova Scotia, you may have to use the ISO process. ISO stands for the Nova Scotia Interjurisdictional Support Orders (ISO) Act. This is the law that governs the process used for getting and changing (‘varying’) maintenance orders involving Nova Scotians and parties who live in other jurisdictions, where provincial or territorial laws (not the federal Divorce Act) are being applied. If you are divorced from the other person (or are in the middle of a divorce proceeding), you probably will not use the ISO process.
To start an application under ISO, you must complete and swear a support application before a Commissioner of Oaths or a notary, where required. You may want to consider having your documents notarized in any event, just to be on the safe side. You should use standard ISO forms for your application. ISO forms are available at the court near you, or here.
You may not have to use the ISO process if the other party will consent to deal with the issue in your jurisdiction, or if you are willing to deal with it in theirs, or if both of you reach agreement on the issue, and have the order drafted by a lawyer.
If you are addressing support issues as part of an ongoing (not yet final) divorce proceeding, you will deal with these issues wherever the divorce was filed. Once the divorce is finalized, and you apply to change your order for support, you may have to speak to a court officer or get advice from a lawyer to reassess jurisdiction at that time.
For more information about child support, click here.
For more information about spousal support, click here.
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