Support Obligations

• Author: Stephen G.A. Pitel; Nicholas S. Rafferty
• Pages: 487-500

CHAPTER

25

SUPPORT

OBLIGATIONS

A.

INTRODUCTION

In

Canada

jurisdiction

over

family

law,

and

specifically

over

spousal

and

child

support,

is

divided

between

the

federal

and

provincial

governments.

Under

the

Constitution

Act,

1867

the

federal

Parliament

has

jurisdiction

to

enact

laws

on

marriage

and

divorce

and

this

includes

the

jurisdiction

to

make

laws

that

enable

the

granting

and

variation

of

support

orders

when

the

orders

arise

from

divorce

proceedings.

1

The

provincial

jurisdiction

over

property

and

civil

rights

gives

the

provincial

legislatures

the

juris



diction

to

enact

laws

about

support

obligations

for

separated

but

not

di



vorced

partners,

unmarried

cohabitants,

and

children

of

parents

who

are

not

married.

The

provinces

also

have

jurisdiction

over

the

enforcement

of

support

orders.

This

division

between

federal

and

provincial

jurisdiction

over

support

orders

adds

an

extra

layer

of

complexity

when

considering

conflict

of

laws

issues

such

as

jurisdiction,

choice

of

law,

and

enforcement.

B.

JURISDICTION

UNDER

THE

DIVORCE

ACT

The

federal

Divorce

Act

provides

for

the

making

of

both

spousal

sup



port

and

child

support

orders.

2

If

a

support

order

is

sought

alongside

a

1

(UK),

30

&

31

Vici,

c

3,

s

91(26).

2

RSC

1985

(2nd

Supp),

c

3,

ss

15.1

&

15.2.

487