A. Diverse Types of Order

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 395-395

Page 395

The diverse types of support order that may be granted pursuant to sections 11 and 12 of the Guidelines are as follows:

(i) An order to pay a lump sum;

(ii) An order to secure a lump sum;

(iii) An order to pay and secure a lump sum;

(iv) An order to pay periodic sums;

(v) An order to secure periodic sums;

(vi) An order to pay and secure periodic sums.

The court is not restricted to making only one type of order. A combination of the various types of order may be accommodated.

When child support is granted, it is usually ordered to be paid on a periodic basis — weekly, fortnightly or monthly. A court has no jurisdiction under section 12 of the Guidelines to order an obligor to transfer property in satisfaction of his child support obligation.¹Indeed, even the mutual consent of the spouses would appear insufficient to confer jurisdiction on the courts to order a transfer of property in the exercise of jurisdiction under section 12 of the Guidelines, although an out-of-court settlement could be negotiated by the spouses or an order to pay might be enforced by way of execution against the land or other assets of the obligor.

In Giao v. McCready,²a father on social assistance was ordered to pay nominal child support of $1 per month and directed to keep the mother and the Director of Maintenance Enforcement informed of any income changes as soon as they occurred...