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

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Old 01-15-2017, 10:37 AM
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Location: Kingston, ON
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Bellbaby is on a distinguished road
Default Security paid into court

Anyone have any information at all on security being paid into court for child support arrears? This concept is entirely new to me and I can't find any information. Lawyer Google is not cooperating.... Can't find case law either.
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Old 01-15-2017, 01:03 PM
Join Date: Feb 2016
Posts: 1,681
trinton has a little shameless behaviour in the past

doesn't work that way. Security is used for the costs of the proceeding, not child support arrears. arrears are collected through FRO.

this is security works:

The general rule in costs jurisdiction is that "costs follow the event". In other words, the loser in legal proceedings must pay the legal costs of the successful party. Where a defendant has a reasonable apprehension that its legal costs will not be paid for by the plaintiff if the defendant is successful, the defendant can apply to the court for an order that the plaintiff provide security for costs. Furthermore, the amount that is ordered by the Judge is in direct correlation to the strength or weakness of the plaintiff's case brought herewith.The weaker the probability of the plaintiff prevailing, the higher the security order.

a good example of a motion for security was posted here by Arabian. The link is below. These motions are generally routine but are not always granted, there has to be good probable cause that the moving party of the case won't pay his costs if they lose. In the case below, the moving party never paid his costs for the last proceeding, and also didn't follow any other order that required him to pay money.

Last edited by trinton; 01-15-2017 at 01:06 PM.
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Old 01-15-2017, 01:04 PM
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Thank you Trinton! I didn't think it was for arrears but I was confused. I've never heard of security in my life. Thank so much
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