(4) If the Ontario court does not receive the information or documents requested under subsection (2) within 12 months after the request is made, it may dismiss the support application and terminate any temporary
support order made under subsection (3).
Not exact matches
(3) If a person having a duty to pay child
support or spousal
support under an agreement or
order dies and the agreement or
order is silent respecting whether the duty continues after the death of the person and is a debt of his or her estate, (a) the person receiving
support may
make an application
under section 149 [
orders respecting child
support] or 165 [
orders respecting spousal
support], and (b) if, on consideration of the factors set out in
subsection (1) of this section, an
order is
made, the duty to pay child
support or spousal
support continues despite the death of the person and is a debt of his or her estate for the period fixed by the court.
(3) When the Ontario court acts
under subsection (2), it may also
make a temporary
support variation
order.
(2) In declaring a jurisdiction to be a reciprocating jurisdiction
under subsection (1), the Lieutenant Governor in Council may impose any conditions with respect to the enforcement and recognition of
support orders made or registered in that jurisdiction.
(4) If the Ontario court does not receive the information or documents requested
under subsection (2) within 12 months after the request is
made, it may dismiss the
support variation application and terminate any temporary
support variation
order made under subsection (3).
(2) Despite
subsection (1), a judge of the Ontario Court of Justice may
make a provisional
order to vary a
support order made in Canada
under a provincial enactment by a federally appointed judge.
(4A) The approval, after the commencement of this
subsection, of a maintenance agreement
under this section does not exclude or limit the power of a court having jurisdiction
under this Act to
make an
order in relation to the maintenance of a party to the relevant marriage if the court is satisfied that, at the time the agreement was approved, the circumstances of the party were such that, taking into account the terms and effect of the agreement, the party would have been unable to
support himself or herself without an income tested pension, allowance or benefit.