Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 06-11-2014, 12:30 AM
Senior Member
 
Join Date: May 2014
Posts: 160
odinn is on a distinguished road
Default Amend Order or Small Claims for Collection of Court Costs? Other options?

I have a court order dated January 2014 that states costs payable within 60 days by payor. FRO states that court costs awarded in my order are unenforceable by them. I requested that FRO send me their decision/position on this in writing and they agreed. I am still waiting for the letter so I can only speculate that their reasons are: a) my order included a judgement on child custody and; b) the costs are not defined as support.

From what I understand I have only two choices:

1. Return to family court to request that the order be amended. I think my argument is strong for the amendment request since costs were related to to determining income as the other party failed to disclose. (I had to have income imputed). If I secure the amendment then I can then file the amended document with FRO for enforcement action.

2. Pursue costs through small claims court. I see small claims as just getting another judgement and since I already have an award of costs I just need enforcement/collection. Am I correct in this thinking?

Are there any other options for enforcement/collection of court costs?

I am trying to weigh my options so:

Which option would you recommend? Which one is more likely to yield payment of costs quickly? Which one is the least expensive? Is this something I should be revisiting with my lawyer? How complicated is each option by comparison?

Any advice, resources, and/or shared experiences much appreciated.
Reply With Quote
  #2 (permalink)  
Old 06-12-2014, 10:56 PM
Senior Member
 
Join Date: May 2014
Posts: 160
odinn is on a distinguished road
Default

Anyone have insight into this?
Reply With Quote
  #3 (permalink)  
Old 06-13-2014, 09:16 AM
Senior Member
 
Join Date: Jul 2012
Posts: 1,678
OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
Default

FRO enforces support orders, not any debt owed to you. They do not enforce cost awards.

You have an Order for costs. You do not need to go to small claims; all small claims can do is give you another Order for what you already have.

The family court will not amend their Order to make your cost award enforceable by FRO. Support orders are special at law; they have protection from bankruptcy and can be garnished at a higher rate.

If you wish to collect the costs, you need to pursue it like any other debt.
Reply With Quote
  #4 (permalink)  
Old 06-16-2014, 11:33 PM
Senior Member
 
Join Date: May 2014
Posts: 160
odinn is on a distinguished road
Default

I have heard differently from two good very sources OrleansLawyer that the court ordered costs may be amended to make them enforceable by FRO.
Reply With Quote
  #5 (permalink)  
Old 06-16-2014, 11:59 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,851
arabian will become famous soon enough
Default

Just last month I was awarded court-ordered costs, non-taxable for me and not tax-creditable to my ex, to be enforced by MEP.

I wonder if this is one of those useless, non-enforceable orders we hear about?

Does anyone have any experience with this?

I'd 'fall off a log' if I actually were to receive this money. I never expect to see a dime of it. I'm just curious if anyone else has ever received it through their maintenance enforcement program
Reply With Quote
  #6 (permalink)  
Old 06-17-2014, 07:49 AM
Senior Member
 
Join Date: Jul 2012
Posts: 1,678
OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
Default

Quote:
I have heard differently from two good very sources OrleansLawyer that the court ordered costs may be amended to make them enforceable by FRO.
By all means, go to those sources and find out how they did it. More power to them.

Quote:
I was awarded court-ordered costs, non-taxable for me and not tax-creditable to my ex, to be enforced by MEP.

I wonder if this is one of those useless, non-enforceable orders we hear about?
If the Order says it is to be enforced, it should be. In Ontario - and notwithstanding odin's post above - FRO enforces support payments, not costs or other private debts.
Reply With Quote
  #7 (permalink)  
Old 06-17-2014, 03:39 PM
Member
 
Join Date: Nov 2013
Posts: 65
Winter is on a distinguished road
Default

FRO is collecting my costs order

If you want FRO to be able to collect any court costs you are awarded, they must be clearly defined as support in your order.

Below is an example of the necessary wording…

The payor shall pay to the recipient, forthwith, his/her costs of the motion fixed in the amount of $XXXX inclusive of HST and assessable disbursements, and this amount shall constitute a “support order” within the meaning of para. (g) of the definition of “support order” in s. 1 (1) of the Family Responsibility and Support Arrears Enforcement Act, 1996, as amended.

If your court costs order does not include this or similar wording, FRO cannot collect the costs amount owing. You will either need to enforce the costs yourself or return to court to have your costs order modified to include the required wording.

Only costs related to a proceeding concerning either child or spousal support can be defined as support. If your case was relating to custody or property issues only, any costs awarded cannot be classified as support and cannot be collected by the Family Responsibility Office

For an example of a motion brought to modify the wording of a costs order to make it definable as support, see Philip v. Philip, 2008 CanLII 39436 (ON SC), <http://canlii.ca/t/204hq>
Reply With Quote
  #8 (permalink)  
Old 08-15-2014, 08:03 PM
Junior Member
 
Join Date: Aug 2014
Posts: 25
Sadmommy is on a distinguished road
Default

My court costs are enforceable as they are considered other costs in the family law act. FRO can enforce them, I think it has to do how they order is written up
Reply With Quote
  #9 (permalink)  
Old 11-10-2014, 05:17 PM
Senior Member
 
Join Date: Feb 2013
Location: GTA, ON
Posts: 537
Mother is an unknown quantity at this point
Default

Quote:
Originally Posted by Sadmommy View Post
My court costs are enforceable as they are considered other costs in the family law act. FRO can enforce them, I think it has to do how they order is written up
Are you talking about the support costs or any other and what are the "other" costs?

And how the order is supposed to be written?
Reply With Quote
  #10 (permalink)  
Old 11-10-2014, 06:50 PM
Senior Member
 
Join Date: Mar 2013
Posts: 1,587
Serene is on a distinguished road
Default

FRO will collect what is to be "paid to the Director". Chances are, your wording in your order that pertains to costs does not include this wording.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Spousal/Child Support Question Jenny Divorce & Family Law 6 10-01-2013 12:01 AM
How far do Grandparent rights go? sasha1 Divorce & Family Law 13 02-13-2011 12:46 PM
Having a court order looked at by a Judge for Clarification Mouse_117 Divorce & Family Law 15 02-16-2010 08:36 PM
Ex keeps filing false police reports and not following court order Mouse_117 Divorce & Family Law 3 09-12-2009 08:10 PM
The Concept: Standard of living gooddadgoingmad Divorce & Family Law 7 02-20-2006 09:59 PM


All times are GMT -4. The time now is 09:03 PM.