Costs Order Being Ignored

[standing on the sidelines]

Are you positive about small claims court for a family law cost judgement?

hmm not sure about that. You already have a judgement against the person for costs. Its just the collection of the money owing that's the issue.

The two times I have been to small claims court was to prove someone owed me money (both times I won)then had a judgement issue against them in small claims. The one paid right away, the other I had to go one step further to enforce but they ended up paying.

Not sure if you would have to use the same venue that gave you the judgement to collect the money.

[selfrepguy]

Thanks StandingInTheSidelines, may I ask what the collection procedure was?

[standing on the sidelines]

Thanks StandingInTheSidelines, may I ask what the collection procedure was?

it was just a case of serving more papers that I was looking to enforce judgement by seizing their assets etc. Those papers had to be filed where they worked. It scared them enough so they ended up paying. If that would not have worked then I would have had to court in Toronto somewhere. Its just lots of paperwork.

[Helpinghands]

Costs Order Being Ignored

From what I have been told by a duty counsel was that when I get the costs award have it ordered as child support and FRO will. Garnish that. With child support it doesn't hurt anyone because it doesn't affect the tax return. I am soon going to trial and this is what I have been told. Has anyone else heard such thing? I think it's brilliant idea for actually receiving the costs!

[selfrepguy]

My understanding is that FRO is only going to collect costs awarded in an action dealing with support. My costs were award from a non-support related motion.

[KMF]

My ex never pays anything he's ordered to. The last time I was awarded $2000 in costs, my lawyer asked the just to make it payable in the form of child support so FRO could enforce it. The judge agreed and that's what happened

[Helpinghands]

My ex never pays anything he's ordered to. The last time I was awarded $2000 in costs, my lawyer asked the just to make it payable in the form of child support so FRO could enforce it. The judge agreed and that's what happened

That's exactly what I am saying as a duty counsel advised me the same. Costs to be garnished in the form of Child support. Good to know that there is someone who actually went through it and was successful!