Filing of support orders with the court
122.2(1)The court administrator shall for the purpose of enforcing support orders made under this Part file every support order made under this Part with the court eight days after the support order is made.
122.2(2)Subsection (1) does not apply if within seven days after the support order is made the person in whose favour the order was made notifies the court, in accordance with the regulations, that the support order is not to be filed with the court.
122.2(3)The following persons, in addition to a court administrator, may file a support order with the court:
(a)
a person in whose favour a support order was made,
(b)
a person against whom a support order was made,
(c)
the Minister, if assistance or support is being provided by the Minister to or for the benefit of a person named in the support order; or
(d)
a person in whose favour or against whom a support order has been made under the
Divorce Act.
122.2(4)A person who has notified the court under subsection (2) that the support order is not to be filed with the court may, in accordance with the regulations, subsequently file a support order with the court for the purpose of enforcing the support order.
122.2(5)A support order that has been filed under this section for the purpose of enforcement may be withdrawn, in accordance with the regulations,
(a)
by the person in whose favour the support order was made, or
(b)
by the court administrator, if filed by the court administrator under subsection (1).
122.2(6)Notwithstanding subsection (5), where the Minister is providing assistance or support to or for the benefit of a person named in a support order, the Minister is the only person who may withdraw the support order that has been filed for the purpose of enforcement under this section.
122.2(7)Every support order filed with the court under this section has, for the purposes of enforcement, and subject to the provisions of this Part with respect to variation,
(a)
the same force and effect as an order of the court whereby the money payable is ordered to be paid into court, and
(b)
shall be deemed to be an order made by the court whereby the person against whom the support order has been made is ordered to pay the money into court.
1991, c.60, s.2; 1994, c.59, s.5; 2000, c.26, s.113