ISO FAQ's (Child/Spousal Support)

The term “ISO” generally stands for interjurisdictional support order processes where you and the other party live in different jurisdictions.  Most often, where one person lives in Nova Scotia and the other does not.

The process is used for child support and spousal support (money) issues only – not to deal with parenting arrangements.

Most ISO processes start as a paper-based procedure for the applicant who files an application in their home jurisdiction. The paper application is then sent to the jurisdiction where the other party lives to be set down for a court hearing. The applicant is not required to attend the court hearing in the other person’s jurisdiction.

The ISO process is generally used for getting (‘establishing’) and changing (‘varying’) support orders involving Nova Scotians and parties who live in reciprocating jurisdictions. Sometimes, it also provides a process for registering a support order in Nova Scotia for the purposes of enforcement when the order has been made in a reciprocating jurisdiction.

The process used to be only referred to as “ISO”, which stands for Nova Scotia’s provincial Interjurisdictional Support Orders (ISO) Act. Now, similar processes are also available under the federal Divorce Act at sections 18.1 through 19.1, which came into force on March 1, 2021.

For simplicity, we refer to the interjurisdictional process under Nova Scotia’s provincial law as “NS ISO” and the process under the federal Divorce Act as “Divorce Act ISO”. These two processes are similar but there are some important differences.

Interjurisdictional support processes can be complex. It is always recommended you obtain legal advice. Click here for information about legal support and advice options in Nova Scotia, including no- and low-cost services.

Visit 'Does the ISO Process Apply to me?'. 

When dealing with ISO, you will hear the words ‘jurisdiction’ and ‘reciprocating jurisdiction.’

• jurisdiction: when a court has jurisdiction, this means that they have the right to deal with the particular application being filed. Jurisdiction also means the geographic area over which a court has legal authority.

• reciprocating jurisdiction: a province, state or country that – like Nova Scotia – has agreed to use the ISO Act

A ‘reciprocating jurisdiction’ is a province, state or country that has an agreement with Nova Scotia to enforce a Nova Scotia court order when the person paying support lives in that province, state or country and the person receiving support lives in Nova Scotia. The Nova Scotia Maintenance Enforcement Program can also enforce payments on the behalf of the reciprocating jurisdiction.

Reciprocating jurisdictions for NS ISO applications include:

• All of Canada, including Quebec*

• All of the United States, including the District of Columbia, Puerto Rico and the US Virgin Islands

• Singapore

• Austria

• Germany

• Gibraltar

•  Island of Guernsey

• Isle of Man

• Norway

• Poland

• United Kingdom of Great Britain and Northern Ireland*

• **Australian Capital Territory, New South Wales, Northern Territory

• **South Australia, Tasmania, Victoria

• **Western Australia, Independent State of Papua New Guinea

• **New Zealand (including the Cook Islands)

Please note that if you live in Nova Scotia and are making an application under the Divorce Act (Divorce Act ISO) the other person must live in another province or territory. If they live outside of Canada, you cannot use the Divorce Act ISO process to make an application.

You can get ISO Forms from the court, from a lawyer, or online here. 

To find a guide to help you file or respond to an ISO application, click here.

That depends on your situation.

A good place to start is to read the Introduction and General Information Guide, which includes checklists.

• If you are applying for a NEW support order (i.e. you do NOT already have a support order), click here. 

• If you are applying to change an existing order and you PAY support, click here.

• If you are applying to change an existing order and you RECEIVE support, click here.

REMEMBER: The ISO process is generally only used when you live in Nova Scotia and the other party lives in another province or territory, and sometimes outside of Canada in an ISO reciprocating jurisdiction. If both you and the other party live in Nova Scotia, ISO is likely not the correct process for your application. If you're not sure whether or not you need to file ISO documents, or which ones to file, please speak with a lawyer for advice.

That depends on your situation.

A good place to start is to read the Introduction and General Information Guide, which includes checklists.

• If you are applying for a NEW support order (i.e. you do you already have a support order), click here. 

• If you are applying to change an existing order and you PAY support, click here.

• If you are applying to change an existing order and you RECEIVE support, click here

REMEMBER: The ISO process is generally only used when you live in Nova Scotia and the other party lives in another province or territory, and sometimes outside of Canada in an ISO reciprocating jurisdiction. If both you and the other party live in Nova Scotia, ISO is likely not the correct process for your application. If you're not sure whether or not you need to file ISO documents, or which ones to file, please speak with a lawyer for advice.

Yes. An affidavit is a written statement of facts, sworn or affirmed under oath. If your situation is complicated, and you wish to give the court more information than what is covered on your ISO documents, you can also file an affidavit as part of your application. Click here for the ISO Affidavit form. 

For more information about affidavits, please click here.

A provisional order is an order made in one reciprocating jurisdiction, but it is of no force and effect until a confirmation order is granted in the other reciprocating jurisdiction. 

In general, you will only have to a get a provisional order under the ISO Act (NS ISO) if the respondent lives in Quebec or the United Kingdom. Provisional orders no longer apply if you are divorced, you and the other party live in Canada and using the Divorce Act ISO process.

A provisional order may be made by the court in Nova Scotia but it is of no force and effect until a confirmation order is granted in the reciprocating jurisdiction.  You will not be required to get a provisional order unless required by the reciprocating jurisdiction where the respondent lives. In these cases, there will be a court hearing held in Nova Scotia and the resulting provisional order will be sent for a confirmation hearing in the respondent's jurisdiction.

If you are not certain whether a provisional order is required, or what forms you should be completing, you should speak to a lawyer or court staff for help.

If you are the applicant seeking a support order or variation order, you are normally not expected to appear or to be represented by anyone at the court hearing in the other jurisdiction. You may however indicate in your ISO application if you would like to participate in the court hearing via phone or other technology. The court in the respondent’s jurisdiction will decide if you are invited to participate or not.

There is an exception if you are applying under the NS ISO Act  (Forms A.1 or A.2) and the respondent lives in Quebec or the United Kingdom. Click here for more information.

If you are the respondent in a support application, or support variation application, and you are served by the courts with a notice to appear, you are required by law to attend the court hearing. As a respondent, it is to your benefit to attend in any event, so that you can present your own evidence and arguments to the court. If you do not, the court may grant a support (or support variation) order in your absence.

If you are not using the ISO process to make your application, you may be required to attend a court hearing wherever the matter is proceeding. This would usually be where the application was filed.

It depends. ISO applications can take a long time to be processed, as they involve two different jurisdictions (courts in different places), but the length of time it takes can vary.

To start an application under ISO, you must complete and swear a support application (or a support variation application) before a Commissioner of Oaths, a lawyer, 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. The forms are designed to have you provide detailed information, so that the court in the respondent's jurisdiction will have enough evidence from you to properly consider your application and make a decision.

Once you have completed the support application and all other required documents, you will deliver them to the Nova Scotia court. The application package is then forwarded to the respondent's jurisdiction for a court hearing and decision. You will be given a certified copy of any order granted in that jurisdiction once the Nova Scotia courts receive it.

When you have completed all of your required documents - and have them reviewed by a lawyer, if possible - you will need to have them sworn or affirmed. This means that you will swear on a holy book, or make a solemn promise, that everything in your documents is true. You need to be witnessed signing the documents by a Commissioner of Oaths, a lawyer, or a Notary Public where required. Your signature needs to be witnessed on the application document (Form A) and perhaps other documents as well (like an affidavit, if you've prepared one).

Whether your application must be notarized depends on the rules in the jurisdiction where it is being sent. To be on the safe side, best practice is that you get your ISO application notarized.

The following people are Notaries Public in Nova Scotia:

• Lawyers who have applied, and been approved, to be Notaries Public

• Sitting MLAs

• Commissioned Canadian Armed Forces officers

• Chief officers of municipal police departments

• Commissioned RCMP officers on active service

• RCMP head of detachment officers, who are on active service in the province

The person swearing/affirming or notarizing your documents will also sign and stamp the documents. Your completed ISO Forms must then be delivered to the court.

There is usually no fee for filing an ISO application. You will have to pay lawyer’s fees if you hire a lawyer to help you with your ISO application. You may also have to pay a small fee to have your documents notarized.

A court staff member may be able to assist you with general information about the ISO process, but cannot give you advice about your particular situation or fill out forms for you. You can speak with a family law lawyer for advice, or for help filling out forms.

There may also be a Summary Advice Counsel service through the court near you. The Summary Advice lawyer may be able to assist you with questions about your ISO application, but may not be able to help you fill out your forms.

You can contact your local Summary Advice lawyer to book an appointment by calling the number below:

You may be able to use a process called Assisted Dispute Resolution – or ‘ADR’ – instead of going to court for your ISO matter. The ADR process is conducted with a trained, impartial court officer who will work with you and the other party to help you negotiate and try to reach an agreement.

ISO applications involving Nova Scotia may be considered for ADR. The parties may be contacted by a Nova Scotia court officer if the application is appropriate for this process.

There are things you need to know before agreeing to an ADR process for an ISO application. This information sheet explains one of the complicated issues.  

Both parties must agree to use the ADR process. If either party does not agree, ADR will not be offered.

A lawyer may be able to help you negotiate a settlement in some cases. You should speak with a lawyer about this option.

The court officer will help the parties identify the issues, share information, and try to help you finalize the terms of a court order. The court officer does not represent either party in the case. The court officer cannot force the parties to come to an agreement.

If you are agreeable to trying ADR for your ISO matter, first make sure you fill out and send in any documents you’ve been asked to complete, including the form called ‘Consent to Participate in Assisted Dispute Resolution.’

When you agree to participate in ADR for your ISO matter, you must participate in all scheduled meetings and keep in regular contact with the court officer. You must also provide any information or documents requested by the court officer or a judge. If you do not do these things, the ADR process can’t continue.

Yes. It is always a good idea to get legal advice. If you are represented by a lawyer for your ISO matter, let the court officer know. Let your lawyer know if you are going through the ADR process.

If an agreement is reached through the ADR process, the court officer will prepare a consent order for the parties to review and sign. You will have a 10 day period to think about the draft order and get legal advice about the order during this time.

If both parties are still in agreement with the order after this 10 day period, the consent order may be forwarded to a judge for review and issuance.

If you don’t reach an agreement, that’s ok. The matter will proceed as if you had not participated in the ADR process.

If a Request to Convert (Form 59.13B) has been filed in your matter or you have received one, you can learn more about this form and the conversion process here.