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Section 34 - Powers of Court
Ontario Family Law Act
(1) In an application under section 33, the court may make an interim or final order,
(a) requiring that an amount be paid periodically, whether annually or otherwise and whether for an indefinite or limited period, or until the happening of a specified event;
(b) requiring that a lump sum be paid or held in trust;
[Support can be payable in a lump sum, but this is not the normal practice. One exception where this sometimes occurs is spousal support for a short term marriage.]
(c) requiring that property be transferred to or in trust for or vested in the dependant, whether absolutely, for life or for a term of years;
(d) respecting any matter authorized to be ordered under clause 24(1)(a), (b), (c), (d) or (e) (matrimonial home);
(e) requiring that some or all of the money payable under the order be paid into court or to another appropriate person or agency for the dependant's benefit;
(f) requiring that support be paid in respect of any period before the date of the order;
(g) requiring payment to an agency referred to in subsection 33(3) of an amount in reimbursement for a benefit or assistance referred to in that subsection, including a benefit or assistance provided before the date of the order;
(h) requiring payment of expenses in respect of a child's prenatal care and birth;
(i) requiring that a spouse or same-sex partner who has a policy of life insurance as defined in the Insurance Act designate the other spouse or same-sex partner or a child as the beneficiary irrevocably;
The court can, and normally does, require a support payor to have life insurance as security for future support payments.]
(j) requiring that a spouse or same-sex partner who has an interest in a pension plan or other benefit plan designate the other spouse or same-sex partner or a child as beneficiary under the plan and not change that designation; and
(k) requiring the securing of payment under the order, by a charge on property or otherwise.
[The court can require a person to provide security for a future payment.]
(2) The Ontario Court (Provincial Division) shall not make an order under clause (1)(b), (c), (i), (j) or (k) except for the provision of necessities or to prevent the dependant from becoming or continuing to become a public charge, and shall not make an order under clause (d).
(3) An order for support may be assigned to an agency referred to in subsection 33(3).
(3.1) An agency referred to in subsection 33(3) to whom an order for support is assigned is entitled to the payments due under the order and has the same right to be notified of and to participate in proceedings under this Act to vary, rescind, suspend or enforce the order as the person who would otherwise be entitled to the payments.
(4) An order for support binds the estate of the person having the support obligatoin unless the order provides otherwise.
(5) In an order made under clause (1)(a), other than an order for the support of a child, the court may provide that the amount payable shall be increased annually on the order's anniversary date by the indexing factor, as defined in subsection (6), for November of the previous year.
(6) The indexing factor for a given month is the percentage change in the Consumer Price Index for Canada for prices of all items since the same month of the previous year, as published by Statistics Canada.
Return to Family Law Act index.