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  • Cost Order

    Hello all,

    Last October 2011 an award of $4000 for costs was made against the opposing party. He was instructed to pay $200 per month over a two year period which he began to do so immediately. However, as of March 2012 he decided that he was not going to pay it anymore.

    FRO can not enforce because the Cost Order does not specifically order enforcement through FRO (although the Cost Order is directly related to Child Support).

    Further context: We are heading back to Family Court over the next month for a Case Conference and then most likely a Motion Hearing.

    My questions are: What can I do about this? Is the non-payment of the Cost Order - something that can be included in my affidavit? What impact (if any) could the deliberate non-payment of the Cost Order have on court proceedings?

    Many thanks in advance,
    Nadia

  • #2
    You may have to register a default against him. It's under Civil Procedures (not sure of the form # but I have to do the same and will know soon). Once the default is noted by the Court (Rm 209 in Halton) then there's Form 29 (I believe is the next step) and that is under the Family Law Rules. I don't know yet if there's a filing fee, but I imagine there will be. I'll pm you when I get the exact info. As for your CC it should be noted by the Judge that he is in contempt of a Court (Costs) Order. Yes I know what you mean: while some costs orders are enforced by the FRO, many are not - mine included. EX owes my lawyer 15k this MONTH and I'm supposed to collect it from EX, to pay lawyer. Yeah, like that's going to happen. He has already stated in 2 emails to me that he is NOT paying it. As always, make 3-4 extra copies of any forms filed and all your materials.

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    • #3
      Nadia: have a look @FLR #26 and Form 26. That is the form you need and you can get it from the Ontario Court Forms website. I'm filling mine out soon. You will see it is 6 or 7 pages and will require you to make some calculations and have it signed by a JP/Commissioner. I haven't confirmed yet, but pretty sure it (like everything) needs to be filed and served on all parties. Not sure if there's a filing fee but no doubt there probably is.

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      • #4
        Thank you for the information, hadenough. I'm in court first thing tomorrow morning for another matter but will follow up on this. If I find out anything else related to this I will PM you.

        Nadia

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