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Can an Ontario court modify a US divorce order?

Posted in Divorce, Location, Ontario, Sarnia by Questions on May 20, 2014

If a divorce order is issued in the US and one spouse relocates to Ontario, can an Ontario court modify the US divorce order? For example, modifying a child support agreement to adjust the amount of child support?

1 Expert Comment

  1. On May 22, 2014 at 10:55 am
    A Family Lawyer said:

    The US Order is legally recognized in Ontario. The application to vary the US Order may be started in Ontario by following the Interjurisdictional Support Orders Act, 2002. You would complete an Affidavit and some other forms prescribed under the ISO Act and submit those forms to the ISO Unit in Ontario which in turn forwards the materials to the governing body in the reciprocating jurisdiction. An applicant in Ontario under the ISO process is not required to serve the responding party. The governing body in the reciprocating jurisdiction would review the application and return a decision to the ISO Unit in Ontario. The ISO Act has certain prescribed forms to use for such an application and it is best to consult with a family law lawyer to further discuss these issues. Not every country is a reciprocating jurisdiction.

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