28 (1) A court that makes a support deduction order may make an order requiring the payor to make payments directly to the Director, at the same time as it makes the support deduction order, or subsequently on motion.  2005, c. 16, s. 15. Same (2) A court that is deemed to have made a support deduction order may, on a motion made under subsection 21 (4), make an order requiring the payor to make payments directly to the Director.  2005, c. 16, s. 15. Effect on support order and support deduction order (3) An alternative payment order made under subsection (1) or (2) suspends the support deduction order, but it does not affect the payor’s obligations under the support order nor does it affect any other means of enforcing the support order.  2005, c. 16, s. 15. Criteria (4) The court may make an alternative payment order under subsection (1) or (2) only if, (a) it finds that it would be unconscionable, having regard to all of the circumstances, to require the payor to make support payments by means of a support deduction order; or (b) the parties to the support order agree that they do not want support payments collected by means of a support deduction order and the court requires the payor to post such security as it considers adequate and in accordance with the regulations.  2005, c. 16, s. 15. Agency’s consent required (5) If the support order has been assigned to an agency described in subsection 33 (3) of the Family Law Act or if there are arrears owing to the agency from a past assignment, the court shall not make an alternative payment order in the circumstances described in clause (4) (b) without the agency’s consent.  2005, c. 16, s. 15. Unconscionable, determination (6) The following shall not be considered by a court in determining whether it would be unconscionable to require a payor to make support payments by means of a support deduction order: 1. The fact that the payor has demonstrated a good payment history in respect of his or her debts, including support obligations. 2. The fact that the payor has had no opportunity to demonstrate voluntary compliance in respect of support obligations. 3. The fact that the parties have agreed to the making of an alternative payment order. 4. The fact that there are grounds upon which a court might find that the amount payable under the support order should be changed.  2005, c. 16, s. 15. Security (7) For the purposes of clause (4) (b), security shall be in a minimum amount equal to the support payable for four months and the security shall be in money or in such other form as may be prescribed in the regulations.  2005, c. 16, s. 15. When Director is a party (8) The Director is not a party to a motion made to obtain an alternative payment order, but if the motion relates to a support deduction order deemed to have been made under section 21, the Director, (a) shall also be served with notice of the motion; and (b) may be added as a party.  2005, c. 16, s. 15. When agency is a party (9) If the support order was filed in the Director’s office by an agency under subsection 14 (1), or has been assigned to an agency referred to in that subsection, the agency, (a) shall also be served with notice of the motion; and (b) may be added as a party.  2005, c. 16, s. 15. Completion of form, etc. (10) An alternative payment order shall be completed and signed by the court or by the clerk or registrar of the court at the time it is made and shall be entered in the court records promptly after it is signed.  2005, c. 16, s. 15. Prompt filing (11) The clerk or registrar of the court that makes an alternative payment order shall file it in the Director’s office promptly after it is made.  2005, c. 16, s. 15. Form and effective date (12) An alternative payment order shall be in the form prescribed by the regulations and takes effect only when it is filed in the Director’s office and every income source affected by the alternative payment order has received notice of it and of its effect on the support deduction order.  2005, c. 16, s. 15. Termination of alternative payment order (13) An alternative payment order is automatically terminated if the payor fails to post security of the type or within the time period set out in the alternative payment order or if the payor fails to comply with the support order.  2005, c. 16, s. 15. Effect of termination (14) When an alternative payment order is terminated under subsection (13), the support deduction order is reinstated and the Director may immediately realize on any security that was posted.  2005, c. 16, s. 15. Effect of withdrawing support order and support deduction order (15) If the support order and the related support deduction order are withdrawn from the Director’s office while an alternative payment order is in effect, the alternative payment order is terminated and the Director shall repay to the payor any security that was posted.  2005, c. 16, s. 15. Effect of changing support order or support deduction order (16) If the support order or the related support deduction order is changed while an alternative payment order is in effect, the alternative payment order is terminated and the Director shall repay to the payor any security that was posted.  2005, c. 16, s. 15. Transition (17) A suspension order made under this section as it read on the day before section 15 of the Family Responsibility and Support Arrears Enforcement Amendment Act, 2005 came into force has the same effect as an alternative payment order, and this Act applies to the suspension order as if it were an alternative payment order.  2005, c. 16, s. 15. Section Amendments with date in force (d/m/y) 1997, c. 25, Sched. E, s. 2 (7) - 01/07/1998 2005, c. 16, s. 15 - 13/06/2005