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Actually collecting your settlement award

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  • 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?

  • #2
    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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    • #3
      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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      • #4
        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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        • #5
          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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          • #6
            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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            • #7
              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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              • #8
                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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                • #9
                  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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                  • #10
                    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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                    • #11
                      maintenance enforcement agencies have a step-by-step process of enforcement. You should be able to find the information online.

                      Usually the first action is a support deduction order and a personal property registry/lien.

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                      • #12
                        Originally posted by arabian View Post
                        maintenance enforcement agencies have a step-by-step process of enforcement. You should be able to find the information online.

                        Usually the first action is a support deduction order and a personal property registry/lien.


                        FRO only does support. I have a feeling Stillbreathing and my partner are looking for recovery of asset splits/equalization awards. We have to find a lawyer that can initiate filing a lien against property.

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                        • #13
                          ok, court costs aren't child support. It was my understanding that FRO only does child support.

                          FRO may be able to collect costs as child support in disguise if the courts permit so. Which doesn't sound quite right to me at first glance. Child support and costs are completely separate issues.

                          If your order doesn't say it is collectible through FRO, then I am not sure whether FRO can do anything for you.

                          I think you need some sort of a certificate of your costs from the courts, which you can then forward to collection agencies, which would have to take the party to court to collect.
                          Last edited by trinton; 02-01-2017, 03:49 PM.

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                          • #14
                            Not sure how the costs were ordered as they were, but I think it was the judge who suggested that the cost be considered a instance of child support, therefore FRO collected on them.

                            Of course not being in the court room, in fact no one was as it was all done very quickly with judge making a few comments and a settlement being reach, so not sure who put that sentence in or who did not ask for it to be taken out. But it was there and it worked. Costs were more than the arrears lol. Which by the way he has elected to take 2 years to repay.

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                            • #15
                              All my orders for SS & costs included a paragraph that collection to be paid to and enforced by maintenance enforcement.

                              Property and other assets WITH COURT ORDER (check out your provincial court website).

                              Comment

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