This Report recommends that the maintenance enforcement system be reformed to provide a regular flow of income without trauma or delay. Defaulting spouses and parents must be encouraged and compelled to meet their obligations. A draft Act to Facilitate the Enforcement of Maintenance Orders is included.
In this Background Paper, the Law Reform Commission examines the current law on children’s maintenance orders. The law is unclear, fragmented, and riddled with exceptions. The Commission identifies problems and some potential solutions before publication of tentative proposals on the issue.
Current maintenance law in Saskatchewan fails to ensure that those who are entitled to maintenance actually receive it. The law is based on the archaic idea that a husband is the principle wage earner and the wife is his dependent. The Commission looks at the inadequacies of the current law and at some suggested solutions. A second paper will be published containing tentative proposals