F. Federal Enforcement Legislation

AuthorJulien D. Payne - Marilyn A. Payne
Pages455-455

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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