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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 02-18-2014, 12:12 AM
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Default Procedure for contempt motion??

Can you file a contempt motion without having the issue "heard" at a case conference?? My ex is trying to bully me (IMO) by threatening to file a contempt motion on issues that have not been brought up in our court proceedings to date (eg. non-compliance with section 7 and contribution to RESP as defined by our SA) . Without getting into all the details, its a bit of a case of kettle calling the pot black. Just wondering what the procedural piece of this is? Thanks!
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Old 02-18-2014, 10:18 AM
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I don't believe you can file a contempt motion for non-payment of money.

Check your provincial rules of court for more information.
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Old 02-19-2014, 08:20 PM
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I think the governing rule from Family Law Rules is:

31. (1) An order, other than a payment order, may be enforced by a contempt motion made in the case in which the order was made, even if another penalty is available. O. Reg. 114/99, r. 31 (1).

The key phrase being "other than a payment order" ..

You can find the rules here: https://www.e-laws.gov.on.ca/html/re...s_990114_e.htm
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Old 02-19-2014, 11:06 PM
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Thanks for the information. I went to the Rules, as suggested, but am stuck on the word "payment". Does a 'Payment order" include any payment (eg. section 7) or just child or spousal support payment. Any thoughts?
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Old 04-17-2014, 07:48 PM
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Just thought I would add to this. Spoke to lawyer today...."Payment" order refers to any order of payment including spousal, child and yes...section 7.
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