125(1)The court may make a Payment Order in the prescribed form directing an income source to pay to the court or to a person named in the Payment Order, at such times and in such amounts as are specified in the Payment Order, to be applied against the amount or amounts payable under the support order.
125(1.1)The court may, at the time a support order is made, make a Payment Order under subsection (1).
125(2)Before making an order under subsection (1), the court may in its discretion give notice to the person to whom a Payment Order is sought to be issued.
125(3)A Payment Order may be served and shall have force anywhere in the Province.
125(4)An amount paid by an income source under a Payment Order discharges, to the extent of the payment, the debt owing from that income source to the person against whom the support order was made.
125(5)An income source against whom a Payment Order is issued, may, upon notice to the parties, appear before the court at any time to show cause why the Payment Order should be set aside or varied.
125(5.1)Where the obligation of an income source to pay money to a person against whom a support order was made ceases, the income source shall, within ten days after the cessation of the obligation, notify the court in writing that the obligation has ceased.
125(5.2)A person against whom a support order was made shall
(a)
notify the court in writing of commencement of employment with another income source, and
(b)
within fourteen days of commencement of employment with another income source comply with section 122.3.
125(6)A Payment Order, after service, has priority over any assignment of wages made after the service of the Payment Order by the person against whom the support order was made, and an assignment of wages is void in so far as it would prevent compliance with a Payment Order made in respect of money due or to become due that, but for the assignment, would be payable to the person against whom the support order was made.
125(7)A Payment Order, after service, has priority over any garnishee or attaching order, whenever made, with respect to any debt owed by the person against whom it was issued.
125(8)Where an income source fails or refuses to comply with the order, the court may enforce it by like proceedings as are applicable under the Provincial Offences Procedure Act in the case of the failure or refusal to pay a fine.
125(9)An employer shall not dismiss, suspend, lay off, penalize, discipline or discriminate against an employee if the reason therefor is in any way related to the issuing of a Payment Order under this Part.
125(10)Upon the application of an employee who alleges to have been the subject of a violation of subsection (9), the court may, if it finds the allegation to be true, make any order in favour of the employee that it considers just, including an order for reinstatement and an award of damages.
125(11)An employer who dismisses, suspends, lays off, penalizes, disciplines or discriminates against an employee in respect of whom a Payment Order has been issued under this Part while the Payment Order is in effect or within six months after it has ceased to have effect shall, where an application is made under subsection (10), be required to show cause for such action, in default of which the action shall be deemed to have been in violation of subsection (9).
125(12)This section, with the exception of subsection (7), binds the Crown in right of the Province.
125(13)Subsections (6), (7), (9) and (11) apply mutatis mutandis with respect to a Payment Order made under the Rules of Court.