It depends on your situation, such as where you live, where the other person lives, whether you already have an order for support, and whether you were married/divorced or not from the other person.
1. Where do you live?
If you live in Nova Scotia, go to the next question (#2).
If you do not live in Nova Scotia but the other person does live in Nova Scotia, please contact a lawyer, your local court, and/or your local designated authority office (the equivalent of Nova Scotia’s Reciprocity Office) for information to determine whether the ISO process is available to you.
You can also read the section “When you live outside of Canada”.
For more information on how to get legal advice in Nova Scotia, click here.
2. Do you already have an order for support?
If you live in Nova Scotia and do not have an order for support, go to the next question (#3).
If your order for support was not made in Canada, the ISO process may not be available to you at this time. Contact a lawyer to determine what option(s) are in your best interests.
If you live in Nova Scotia, and you and the other person already have an order for support (child/spousal) made in Canada, whether the ISO process applies to you generally depends on 2 things: (a) which law your order was made under and (b) where the other person lives.
Read the chart below to find out if the ISO process is generally available to you. If you don’t know what law your order for support was made under, read the tips below the chart.
|
Law your support order was made under: |
Where the other person lives: |
ISO process available or not: |
|---|---|---|
|
Divorce Act (This is federal law) |
Another province or territory within Canada >
Outside of Canada > |
Yes, the ISO process is available.
No, the ISO process is not available. [See variation of child/spousal support section] |
|
Provincial Law (such as Nova Scotia's Parenting and Support Act or another province/territory's support law) |
Another province or territory within Canada >
Outside of Canada and in a reciprocating jurisdiction >
Outside of Canada but not in a reciprocating jurisdiction >
|
Yes, the ISO process is available.
Yes, the ISO process is available.
No, the ISO process is not available. [See variation of child/spousal support section] |
How can I tell what law my order for support was made under?
Read your order for support. In many cases, the order will say what law it is being made under. Canadian orders for support are either made under the Divorce Act (federal law) or provincial law, such as Nova Scotia’s Parenting and Support Act or another province’s support law. If your order has “Corollary Relief” or “Divorce Judgment” in the title, it was likely made under the Divorce Act.
If your order for support does not say which law it was made under, you can try calling the courthouse where the order was made and ask if court staff can tell you. If you had a lawyer when the order for support was made, you can try calling them, or seek legal advice from another lawyer.
3. If you do not have an order for support, what is your relationship status with the other person?
If you and the other party have never been married to each other, the ISO process is available under Nova Scotia’s provincial ISO Act (i.e. NS ISO) so long as the other person lives in another province or territory within Canada or a reciprocating jurisdiction outside of Canada. For a list of reciprocating jurisdictions, click here.
If you and the other party are married to each other but are not divorcing, the ISO process is available to you under Nova Scotia’s provincial ISO Act (i.e. NS ISO) so long as the other person lives in another province or territory within Canada or a reciprocating jurisdiction outside of Canada. For a list of reciprocating jurisdictions, click here.
If you and the other party were divorced from each other in Canada and there are no undecided claims for support made under the Divorce Act, the ISO process is available to you so long as the other person lives in another province or territory within Canada or a reciprocating jurisdiction outside of Canada. For a list of reciprocating jurisdictions, click here.
If the other person lives outside Canada in a place which is not a reciprocating jurisdiction, the ISO process is not available to you.
Similarly, if there are undecided claims for support made under the Divorce Act, the ISO process is not available to you. Contact a lawyer or the court where the undecided claims are filed for more information on next steps.
4. Is the ISO process the only process available to me?
It depends. In certain circumstances, you may have options available to you in addition to the ISO process, or even multiple options within the ISO process.
It is always recommended you speak with a lawyer for advice. Only a lawyer can tell you which option to choose.
5. What’s next?
If the ISO process is available to you, read further to find out which Guide to use.
If the ISO process is NOT available to you, go to the general sections on child support or spousal support.
If you are unsure if the ISO process, speak to a lawyer about what options are available to you and which is in your best interests.
No matter what, it is always a good idea to get legal advice from a lawyer. Only a lawyer can tell you what option(s) are in your best interests.