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COSTS: EX was ordered by Court to pay 18g in Costs, if he does not, then what?

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  • COSTS: EX was ordered by Court to pay 18g in Costs, if he does not, then what?

    Had 3 day Trial last April. Decision released over 5 months later!! (Sept/11). In Jan/2012: My EX was ordered to pay 18g in costs. In the Final Costs Order, it states he has 6 months to pay it. If (or should I say "when") he fails to - am I responsible or on the hook for the costs? My lawyer knows I don't have any/much money. Still, I rec'd a bill in the above amt. Strangely enough, after a lot of confusion an the run-around: after 6+ months, FRO still doesn't have the "final stamped order." FRO has nothing. Courts said "call your lawyer" - Lawyer said "gee I'm surprised Courts didn't send order to FRO (back in Sept). Same lawyer told me (oct/nov/dec) that we had to wait for "final order on costs." That: is not true/correct. Last month was the "I'm surprised the courts didn't ... as above"

    No idea what is going on. I'm starting to think my lawyer is waiting to see whether EX pays him or not: and if he doesn't, I'm strung out/hung out to dry all these months - will likely out o sheer desperation sell my house - no idea where I'll go. 2 emails later (to lawyer) and a VM left for his assistant and guess what? No reply. Unless I've just become totally paranoid, I'm thinking this "hold up" is very deliberate and gerting the order to FRO is a tactic to ensure that I have to cave in and sell, so that lawyer will get his "costs" one way or the other.

    Even FRO (I've spoken to them a few times) says it's very strange that a decision made in Sept/2011 is not with them. Min of A.G says when you are rep'd in Court and go to Trial, the party who the final order was in favour of: it's that party's counsel that takes care of seeing the Final Order is sent to FRO. I really have no clue as to what is going on. Will I be forced to pay, if ex doesn't? (Order for Costs states he has until June/2012.

  • #2
    Costs Frustration

    You may wish to ask your lawyer to file a motion for secured payment of said costs. I do not believe the FRO takes care of the court costs. It is my understanding that FRO secures payments for child support. I may be wrong and stand corrected if i am.

    I am having the same issues as you are. My ex was ordered to pay costs in October of 2011, yet i will be forced to file a motion as she won't even speak with me in these matters.

    You may wish to talk with your ex, if its friendly, and see if you can secure some post dated cheques.

    just a suggestion.



    • #3
      Thx There is NO talking to the EX about this, or anything. Yes you are right: FRO enforces Spousal and Child Support Orders, Section 7 expenses... I just love it when lawyers don't answer, don't explain. Then they probably call a person nuts, and hmmm, wonder why some of us almost DO go bonkers?!


      • #4
        i would try to file a motion in court about this matter.. at the very least it will be spoken to; and addressed as to a timeline, and security of payments. most times if you don't push the issues, it just gets swept under the rug per say. the squeaky wheel gets the grease.

        j.p...aka. passionatedad


        • #5
          Good idea. Thanks. Trust me, I've done plenty of "squeaking" - hoping it doesn't all turn into one long painful SQUEAL. :s You are very correct: PLENTY more would get swept under the rug if people didn't stand up for themselves. Question is: is it MY place to file a motion re this - wouldn't that be for the Lawyer to do? I'm worried about something else too. EX lied in Court (about 50x) but re: his most recent house - purchased the month of Trial - he described how they were "downsizing etc" - meanwhile, he'd made over 100k profit on previous house sale, and the one he's in now: got reno'd top to bottom and that's why it was bought. To flip it for a profit. Its going up for Sale any day, if not already listed. The house is in his wife's name. She doesn't work. He pays mortgage and all the bills. How do I let the Courts know about that? He's in arrears. But this is not in FRO's hands yet - so how do I say he's breaching an order that I've yet to see the "stamped" copy of??


          • #6
            Hi Hadenough:

            I'm really sorry for what you're going through. Now that you mention it, I would be wondering about your lawyer. I got my court order from mine from her office the day she received it. In fact, I've got all my motion orders this way. The first one regarding sale of our home literally came Friday afternoon that she received the written endorsement from the judge. She came back to her office and scanned and emailed it to me.

            If I hadn't received my order, I have no doubt that I not made the trip myself to the court house that my lawyer would simply call herself. She called the judge in my case the day after her first endorsement came to make a change to the table amounts because they were wrong in my favor and she didn't want me to get overpaid and have to pay monies back. The order was changed that very same day.

            I'm amazed at the inaction in your case. Its insane. As I've previously told you, FRO has already called me 3 times in regard to my case and I received my last order in Feb 2012.

            You have my are just going through hell. Is there any way that you can get your lawyer to actually contact the judge in your case?


            • #7
              PH: you're right. It IS insane. Glad things are working out for you. My entire situation is strange. I think it's book-worthy. There is so much more "wrong" w/all of this than I've even begun to explain on here. No way that lawyer would call Judge. He wouldn't even call when MONTHS were passing w/no decision. No decision on a single issue?? (Support). So I called in July. Judge's Secretary lied said "it's almost complete" - by Sept, still nothing. My lawyer refused to disturb the "geniuses at work" - I called once more. Left a msg and never got a call back. By late Sept, and putting up w/insane texts from my Ex, I called Min of A.G. They put me in touch w/a Chief Justice in my area. That afternoon, lawyer emailed me that he'd heard from the court - fwded me the email - the decision would be released the following day. The next day was Friday. Sure enough, right before 5pm, it was rec'd. Sloppy, but received. That's hardly a coincidence.

              Ph: I will private msg you a few more details. It truly is insane. You would not believe how much more there is to this. Scandalous. Literally. And it just keeps getting more weird. Thx for your condolences, you're a sweetheart, and I think my situation is bad enough to merit condolences :s


              • #8
                Your timeline isn't too far off. We waited 4.5 months for our judgement. We received it at the end of October and WE had to fax in the final order just 2 weeks ago to FRO. The court was suppose to do it but when it was waking so long my hubby went into the court to see what the hold up was. There was nothing in our file. Thank God he went in and we didn't just sit back and wait any longer.

                Go into the courthouse and speak to them face to face.

                Sigh. Frustrating, I'm sure.

                We didn't go for costs and have to pay our lawyer $24,000. We told him we were trying to secure financing. He sent a letter saying that if he doesn't receive payment in 14 days then he will take us to court

                Good're wasting your time and ours. The money is coming.


                • #9
                  I would consider filing a complaint to your Provincial Bar Association. In this province the Alberta Law Society takes a very dim view of lawyers who are incompetent and COMPLAINTS ARE INVESTIGATED. Lawyer's get prickly about this. I am so thankful that I had a decent lawyer who continues to back me and doesn't avoid my calls/emails. My ex is a real piece of work and I get taken to court a few times a year in his pathetic attempts to delete spousal support. Total waste of money. Good luck


                  • #10
                    My GF's ex feels he shouldn't have to pay child care costs, no matter what. Hopefully that gets changed in less than two weeks when it goes to court.


                    • #11
                      I would also be finding out why he didn't claim the "capital gains" from the sale of the house on his financial disclosure ?

                      And your book could come out after CashCow's book does !


                      • #12
                        Yeah your local maintenance enforcement will take care of child care costs not being paid. Whenever my ex gets assessed court costs it's added on to spousal support arrears. Lawyer has to wait, as I do, to get paid. Neverending story.


                        • #13
                          Originally posted by hadenough View Post
                          Even FRO (I've spoken to them a few times) says it's very strange that a decision made in Sept/2011 is not with them. Min of A.G says when you are rep'd in Court and go to Trial, the party who the final order was in favour of: it's that party's counsel that takes care of seeing the Final Order is sent to FRO. I really have no clue as to what is going on. Will I be forced to pay, if ex doesn't? (Order for Costs states he has until June/2012.
                          Apparently the judges decision has to be "ordered & entered" which, as i understand it, is the responsibility of the party that is to receive the money.

                          After $25000 in legal fees 12 years ago, we told our lawyer not to bother ordering & entering for a separate proceeding for which we were awarded $700 in court costs.

                          Recently we dusted that order off & said we'd have the FRO enforce it if there was no payment. The FRO is telling us they could enforce it IF it was ordered & entered, so it's with some surprise that I read here that the FRO does not enforce court costs. I'll get my wife to call them and & find out.


                          • #14
                            Arabian: Hats off to Alberta. The LSUC here in Ontario is a joke and I'd get nowhere. I have dealt w/them once before. Had comprehensive, detailed, tabbed and indexed info - they did a ten month investigation that landed nowhere despite clear evidence of that lawyer's misconduct. Here, negligence is no biggy. Professional Misconduct supposedly is. But really, to them: it's not.

                            Coop: I've exhausted any/all avenues. The Court won't help. Going there will be a waste of time. They tell me to call my Lawyer. Lawyer ignores and when he does reply, (rare) - I have no idea wtf he's talking about. All I know is: the 1 year anniversary of my fabulous trial is near and not a damn thing has been done. It's not like I'm constantly calling either. In month of Feb, 2 emails (sent). 1 was answered with ??? Bs, basically. Another sent yesterday and 1 phone call to his assistant (today). No reply to email and I won't get a call back from either him or his Assistant. This is all total bullshit. I don't trust any of the jackasses anymore.


                            • #15
                              Definitely time to talk to your provincial bar association. You are in a big pickle as you can't get another lawyer until the first one is paid (unless released by a judge).


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