Suspension of support deduction order
3.4 (1) A court that makes a support deduction order may immediately make an order to suspend its operation or the court may, on motion, subsequently suspend its operation. Conditions (2) The court may suspend a support deduction order under subsection (1) or subsection 3.8(6) 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 through a support deduction order; or (b) the parties to the support order agree that they do not want support payments collected through a support deduction order and the court requires the payor to post such security as it considers adequate and in accordance with the regulations. Agency’s consent required (3) 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 suspend the support deduction order in the circumstances described in clause (2)(b) without the agency’s consent. Unconscionable, determination (4) The following shall not be considered by a court in determining whether it would be unconscionable to require a payor to make support payments through 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 suspension of the support deduction order. 4. The fact that there are grounds upon which a court might find that the amount payable under the support order should be varied. Security (5) For the purposes of clause (2)(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 provided for in the regulations. When Director a party (6) The Director is not a party to a motion brought to suspend the operation of a support deduction order; however, if the payor brings a motion under subsection 3.8(6), the Director must also be served with notice of the motion and may be added as a party. Completion of form, etc. (7) A suspension order shall be completed and signed by the court at the time it is made and shall be entered in the court records immediately after it is signed. Prompt filing (8) The clerk or registrar of the court that makes a suspension order shall file it with the Director’s office promptly after it is made. Form and effective date (9) A suspension 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 order has received notice of the suspension. Termination of suspension order (10) A suspension order is automatically terminated if the payor fails to post security of the type or within the time period set out in the suspension order or if the payor fails to comply with the support order. Effect of termination (11) When a suspension order is terminated under subsection (10), the support deduction order is reinstated and the Director may immediately realize on any security that was posted. Support order not affected (12) An order suspending the operation of a support deduction order does not affect the payor’s obligations under the support order nor does it affect any other means of enforcing the support order. 1991, c.5, s.4, part.