Which procedure is “better”: An ISO forms support application or an application to the home Court?
It depends. Each procedure has its own advantages and disadvantages. An ISO forms application is more accessible in the sense that a person can complete the forms on their own or with help. The other party does not have to be served and there is usually no filing fee. The application will be reviewed for completeness by the designated authority in the home province or territory and will usually be sent to the respondent’s jurisdiction within a couple of weeks of it being submitted. When a support order is made in another province or territory, the ISO Act of that province enables the judge to make a retroactive order, so there is specific statutory authority in the common law provinces and territories for retroactive orders with an ISO application. However, once the application is sent to the other jurisdiction, it is completely up to that jurisdiction to process it. The time it takes to complete the process varies from one province to another. In some cases, it can take several months
Related Questions
- Do I have to wait until the divorce is final to receive Court orders regarding support or use of the family home, or regarding the children?
- Can the court order my spouse to leave the home and pay support before the divorce is finalized?
- When are Band Support Funding application forms due into the regional office?
