R. Enforcement by Provincial Court

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 473-473

Page 473

Where child support has been granted in divorce proceedings, the order may be filed in and enforced by the Provincial Court. Upon such filing, the jurisdiction of the Provincial Court is confined to the enforcement of the order; it does not extend to the variation of the order. Where the defaulting parent is unable to pay the arrears of child support that accrued prior to the enforcement proceedings, the Provincial Court of Alberta may order the payment of a designated amount of monthly support for a fixed period of time pending the hearing of the husband’s application to the Court of Queen’s Bench to vary the order for child support. The effect of such an order is neither to vary or cancel the arrears nor to alter the higher amount of periodic payments due under the previous divorce judgment. Such an order may, however, facilitate eventual clarification of the respondent’s future obligations.¹⁵²The Family Maintenance Act (B.C.) anticipates enforcement in the Provincial Court of British Columbia and that is the best court in the province to deal with the...