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

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  #11  
Old 01-17-2018, 11:22 AM
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Tayken Tayken is offline
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Quote:
Originally Posted by Stillbreathing View Post
How do you go about collecting on such things as court ordered costs and settlement monies if the other party refuses to pay? Do you need a court order that allows you to put a lien against any property they own? How do you get the sheriff to seize their assets, vehicles or money in investments?
Costs are hard to collect. Take it from WorkingDad who has piled up costs orders from 2011 that have never been paid and probably will never be paid.

For example: http://canlii.ca/t/gjg8q

Quote:
[1] Is it “in the best interests of the child” that costs orders have teeth?

[2] Clearly, finances are unrelated to parenting skills. And where children are involved we often bend the rules to make sure the right thing happens.

[3] But how many times can an impecunious parent play the “inability to pay” card to flaunt the system?

[4] Who gets hurt when costs orders mean nothing?

[5] The “successful” parent?

[6] Our overburdened court system?

[7] The child?

[8] All of the above?

[9] These were some of the issues on this motion for security for costs in this high conflict custody/access file.
At best you can get an order for security for costs before proceeding. In that matter, Justice Pazaratz set it at 2,000 which the other party paid to move the matter forward. At the end of that 3rd trial, the justice set the security at 9,000 and again ordered costs.

The 9,000 has way more teeth than the 2,000 had. But, it doesn't reflect the outstanding 40,000ish in costs!

Good luck recovering costs if the other party has no assets really to speak of. The only teeth you really have are for costs is having the other party blocked from proceeding with anything before the court without making a security deposit. (See case law provided.)

Unless the judge specifically identifies a portion of the costs in the matter were for determining support and explicitly provide a direction that FRO is to enforce that portion of costs... It's really a number on paper. Especially if you have settled the matter FINAL and no one is going back to court.

As for the equalization stuff you need to go back to court and possibly get it clarified for collections. But, that is where you should go to a lawyer to see what can and should be done.

Good Luck!
Tayken
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  #12  
Old 01-18-2018, 10:29 PM
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I agree with Tayken that you need to go to court (and have a lawyer) and get equalization specifically ruled upon. After that there are many collection agencies you can retain. Consolated Civil Enforcement Canada is but just one in Western Canada - your lawyer would know or can check out online yourself for your area.

http://www.ccebailiff.ca/

I had costs rolled into my Divorce Order. However, the costs I have amassed apres Divorce haven't all been added. Costs awards are typically not large in Alberta family court (as compared with Ontario) - they are more symbolic I think. I'd say 70% of my legal costs have not been covered since our divorce 8 which was almost 8 years ago.

This is why it sucks big time every time my ex takes me to court. I have, with help from my former lawyer, managed to be successful self-representing. Issues aren't difficult but it is, indeed, annoying and I resent spending any time on it.
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