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- Chapter 12 - Effect, Registration and Enforcement of Child Support Orders
F. Federal Enforcement Legislation
Author | Julien D. Payne - Marilyn A. Payne |
Pages | 455-455 |
Page 455
Provincial laws respecting the enforcement of support orders have been complemented by federal legislation.22The federal legislative framework and limitations regulating the enforcement of support obligations cannot be circumvented or expanded by judicial appointment of a receiver/trustee.23The Family Orders and Agreements Enforcement Assistance Act24provides for the release of information from designated federal information banks that will assist in locating spouses or parents who act in breach of court orders for support, custody or access. This Act also permits the garnishment of federal monies to satisfy support orders or agreements that are in default. An income tax refund constitutes "garnishable money" under section 24 of the Family Orders and Agreements Enforcement Assistance Act.25
[22] See the Garnishment, Attachment and Pension Diversion Act, R.S.C. 1985, c. G-2, as amended by R.S.C. 1985 (2d Supp.), c. 3, s. 29; see also Weniuk v. Weniuk (1986), 3 R.F.L. (3d) 110 (F.C.T.D.).
[23] Beattie v. Ladouceur (1995), 14 R.F.L. (4th) 435 (Ont. Ct. Gen. Div.).
[24] R.S.C. 1985 (2d Supp.), c. 4, as amended by S.C. 1992, c. 1.
[25] Marzetti v. Marzetti (1994), 5 R.F.L. (4th) 1 (S.C.C.), wherein the Director of Maintenance Enforcement for Alberta was granted priority over the defaulter’s trustee in bankruptcy. See also Beattie v. Ladouceur (1995), 14 R.F.L. (4th) 435 (Ont. Ct. Gen. Div.).
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- Chapter 12 - Effect, registration and enforcement of child support orders
- A. Definition of "Court"
- B. National Effect of Corollary Orders
- C. Enforcement and Variation Distinguished
- D. Enforcement Under Provincial Laws
- E. Burden of Proof; Failure to Attend
- F. Federal Enforcement Legislation
- G. Garnishment; Attachment; Execution
- H. Enforcement by Provincial Agencies
- I. Suspension of Driving Licence
- J. Crown’s Priority as Tax Collector; Other Creditors
- K. Committal for Contempt; Receivership
- L. Order or Agreement; Election of Remedy
- M. Enforcement of Support Arrears against Bankrupt Defaulter
- N. Fraudulent Conveyances and Preferences
- O. Locus Standi of Child
- P. Child No Longer a Child of the Marriage
- Q. Enforcement, Suspension and Remission of Arrears
- R. Enforcement by Provincial Court
- S. Enforcement of Separation Agreement
- T. Set-Off
- U. Interest
- V. Piercing the Corporate Veil
- W. Division of Matrimonial Property
- X. Effect of Death
- Y. Stay of Enforcement
- Z. Effect of Reconciliation
- AA. Laches; Limitation of Actions
- BB. Assignment of Orders
- CC. Fixing of Arrears; Payment by Instalments
- DD. Support Deduction Orders
- EE. Reciprocal Enforcement; Interjurisdictional Support Orders
- FF. Preservation Orders
- GG. Registration Against Land
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