The Assignment of Spousal Support Orders
In the complex landscape of family law, the assignment of spousal support orders is an essential topic to understand. It can have significant implications for the parties involved, particularly in situations where a spouse is receiving social assistance. This blog post aims to shed light on this crucial subject.
What is Assignment of Support Orders?
An assignment of a spousal support order occurs when a spouse in receipt of social assistance assigns their support order to a government agency. This action can happen under both the Divorce Act (DA) and the Family Law Act (FLA).
Under the DA, a spouse can assign the support order to any designated federal Minister or any designated provincial Minister or agency. Conversely, under the FLA, an agency, which includes the Ministry of Children, Community and Social Services and a municipality, can also initiate a claim for spousal support if a spouse is receiving social assistance.
The Role of Government Agencies
Once a support order has been assigned to a government agency, it plays a significant role in any changes to the order or agreement. The agency must be served with any motion to change the order or agreement, and it can become a respondent to the application to the extent of its financial interest. This involvement ensures that the rights and interests of the party receiving social assistance are protected.
How to Determine if an Order Has Been Assigned
To determine if a spousal support order has been assigned, a party or the party’s lawyer can complete and send a “confirmation of assignment” form to the Confirmation of Assignment Unit of the Ontario Ministry of Children, Community and Social Services. This step helps to clarify the status of the order and to determine the appropriate procedures moving forward.
Consequences of Asset Transfer
It's essential to note that the assignment of spousal support orders can impact the eligibility for social assistance. For instance, there could be a loss of eligibility if there have been recent transfers of assets by the spouse receiving social assistance for less than fair market value. This situation underscores the importance of consulting with a legal professional when considering the assignment of spousal support orders.
In conclusion, understanding the assignment of spousal support orders is critical for parties navigating the complexities of family law and social assistance. It's advisable to consult with a legal professional to ensure a thorough understanding of the potential implications and consequences.
THIS BLOG IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT NECESSARILY REFLECT THE VIEWS OF LAILNA DHALIWAL LLP.
The Content is offered free of charge strictly on an "as is" basis and is intended to provide users with general information only. Lailna Dhaliwal LLP does not warrant or guarantee the accuracy, completeness or fitness of the Content for any particular purpose.
The material provided on the Lailna Dhaliwal LLP/JSDLAW PC website is not intended to provide legal advice or opinions of any kind, and does not constitute legal advice.
No one should act, or refrain from acting, based solely upon the materials provided on this website, without first seeking appropriate legal or other professional advice.
Sending or receiving of these materials does not create a lawyer-client relationship.
Do not provide any confidential information to Lailna Dhaliwal LLP unless and until we have given you a written retainer agreement confirming that we can represent you.