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Amend Order or Small Claims for Collection of Court Costs? Other options?

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  • 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.

  • #2
    Anyone have insight into this?

    Comment


    • #3
      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.

      Comment


      • #4
        I have heard differently from two good very sources OrleansLawyer that the court ordered costs may be amended to make them enforceable by FRO.

        Comment


        • #5
          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

          Comment


          • #6
            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.

            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.

            Comment


            • #7
              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>

              Comment


              • #8
                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

                Comment


                • #9
                  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?

                  Comment


                  • #10
                    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.

                    Comment

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