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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-31-2017, 11:33 PM
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Default Actually collecting your settlement award

Just curious what steps need to be taken to collect your settlement award if the other party is less than co-operative.
I know that orders crafted to reflect a CS or SS order can be collected by FRO or MEP.
Also, any funds held in trust from the sale of the matrimonial home can be ordered released to you.

For any outstanding funds not collected by FRO or MEP, can you go to the sheriff and have the sheriff seize their investments like you can in small claims court?

If the amount owing is 3/4 or more of the value of one of their paid for properties, can you put a lien against the property and force it's sale?

If the party refuses to pay what legal recourse is there?
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Old 02-01-2017, 07:18 AM
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My partner is currently investigating this. Hes waiting on a call from FRO since they sometimes enforce costs awards. At this point his only advice has been a lien. You may need to speak to a lawyer.
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Old 02-01-2017, 08:31 AM
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As far as I know (as I contemplated this at one time) if you want to do your own collection you would opt out of FRO/MEP. It's all or nothing I believe.

MEP/FRO can legally go after properties on your behalf (and it doesn't cost you anything). You have to realize that in order to seize property it takes time and often involves many court appearances. The maintenance enforcement act of your respective province is set up in order to do this and they do the leg-work (court) for you. Debts registered through your maintenance enforcement agency take precedent over any other debt. If you were to try to do this on your own you run the risk of just being another debtor.

You should be able to source more information on this online.
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Old 02-01-2017, 10:22 AM
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If it's a exact amount expressed in $ and with a set date for payment the. FRO will collect. They collected the court costs awarded to my daughter.
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Old 02-01-2017, 10:27 AM
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Beach, how did she do it? Just register it with the court like for child support? My partners agreement has the date its owed and the dollar amount clearly spelled out. Hes been waiting two days now for a call back from FRO.
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Old 02-01-2017, 10:51 AM
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When the order was signed etc it was sent to FRO and then we put in a request to have the court costs, which were stated in the order as a instance of child support treated as arrears. FRO agreed and garnished the payor s income tax return because he had not paid it

I will get the exact wording and pm you.
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Old 02-01-2017, 10:52 AM
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Oh and get yourself setup for online FRO. Then you can just submit requests on,use, see how,they are calculating your case etc. Really quite useful.
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Old 02-01-2017, 11:00 AM
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Ok, so here is the wording.

The applicant shall pay to the respondent in costs fixed at $xxxxx payable forthwith and enforceable as an incident of child support.


FRO agreeded that forthwith meant now so they included into,the arrears of CS and daycare he owed and went after his income tax return money.

He was not impressed!
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Old 02-01-2017, 11:15 AM
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Ah that may change it. I think the "payable as child support" may have tipped it. We'll see though. Fingers crossed because otherwise its a lien against the house and that will cost about $500 to do.
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Old 02-01-2017, 11:30 AM
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FRO called back. They only do child support. Thats why your daughters order said what it did.

Im going to inquire about a lien.
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