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

[WorkingDAD]

I think we had this topic already. but lets try again

1. Court should send Support Deduction Order to FRO. This order should be prepared by lawyer. I just saw it today in my file prepared by my ex's lawyer. Try to prepare it by your self and bring it to court (but most likely they will send you back to your lawyer)

just do some reading here to know what you should expect
Family Responsibility and Support Arrears Enforcement Act, 1996

PART III
SUPPORT ORDERS AND SUPPORT DEDUCTION ORDERS — MAKING AND FILING

2. FRO will enforce COST order if it's in relation to support issues. If your trial was about child support and or spousal support only then this cost order have to be enforced by FRO. If there was another issues than order should say what %% of cost should be enforced by FRO as relation to support. If your cost order does not say that you have to bring motion for direction and ask judge to deal with that - there is cases on CanLii like that. You need to have it if you do not want your cost order being wipe out by bankruptcy.

from RECOMMENDED STANDARD TERMS FOR SUPPORT ORDERS

Costs
4. The following standard term is recommended to be used in a support order where costs related to obtaining the support order are awarded:
Costs are fixed in the amount of $[insert amount], of which $[insert amount] is related to support and is enforceable as support by the Director, Family Responsibility Office.
O. Reg. 454/07, s. 4.

3. If other party did not pay within ordered period of time and no lack with FRO your path from what I understand would be small court claim and have writ or Garnishment issued.

3. May be it time to tell your lawyer orevuar ?

It's really hard to tell without seeing actual order but what's clear that you have to move and not to wait that somebody will do something for you... Especially lawyer in this situation... IMHO

ADDED:
Ok. I found your decision on CanLii and from quick scan (I am sorry I did not read it through) from what I saw it purely support. But looks like there is not cost decision posted.

[hadenough]

Ace: no I don't pay my bills early. I can barely pay them at all. Yes: definitely rigged for Lawyers. No plans to file a motion at this time but I sure would like to get the costs and arrears (new ones already accumulating) secured as he is on the verge of flipping his house.

[Ace]

If the court says he has til Jun then he has til June. Not many pay ahead of the bill date. Do you pay your bills early?
FRO can/will enforce costs that are attributed to FRO for collection. In my case I had 20k of 30 k attributed to FRO then another 10k of 15k from appeals court. My x just filled out the FRO form and whamo it was on my arrears. If the court did not specifically say that it was FRO related it is not.
I would not bring any motion before June if he is not late. Judge would be upset with you. After June go ahead.
Your lawyer will wait 1 yr (from billing) likely before going to court to get a judge to rubber stamp the bill owing otherwise collection of your lawyers fees from you might prove difficult for your lawyer.
You are responsible to pay your lawyer bill. Your X is responsible to reimburse you. Your x does not pay your lawyer direct.
Try to be more patient. The legal system is slow.
We think that we are its customers. No actually the legal system serves those within the system to take money from families systematically and legally during the already emotionally draining separation divorce leading to more relationship issues especially where children are involved.
The system is intentionally difficult, it is unneccesarily complicated, it is NOT family friendly. It is rigged for lawyers.

[arabian]

I got advice prior to divorcing my ex - get a young lawyer who is trying to prove himself. That advice was given to me from a retired judge and it was excellent advice.

From what you've told me I see no reason why another lawyer wouldn't take on your case - particularly if there is an order out there floating around about the costs. Try to get another lawyer - preferably one with a business degree as well as a law degree.... Sounds like your current lawyer is on a free ride.

[hadenough]

Arabian: I hear ya. My case w/that bs of his has gone to the highest level. If you search thru previous posts you will see. I have made some big strides in that matter - but they are slow to come. There's lots coming down the pipe. I'm on that big-time. All this bs is my full time, unpaid job

[hadenough]

Arabian: ha. He IS one of the Senior Partners and trust me: the Law Society in Ontario is a total and complete waste of time. The COSTS order is for EX to pay, as he was the "unsuccessful litigant" - although for now, it appears he's doing much better than I am.

[arabian]

I too have been dealing with an ex who is an undischarged bankrupt. I know only too well the challenges that that situation in itself presents. I will not comment further on that as I don't want losers learning anything from my comments about the bankruptcy and divorce.

[arabian]

Be persistent. Surely a second written complaint (assuming you wrote one before rather than a verbal conversation) would set off some alarms.

Failing that maybe you should go in person into the law firm and ask to speak to one of the senior partners.

[hadenough]

May_May: ex lied in court re sale of previous house. Said he pays "rent" to spouse. House is in his wife's name, and her parents. (Parents live out of town). Same 3 are on title of house that's about to be "flipped." EX is undischarged bankrupt. We have Court for that too. No date set yet. He let's the wife run up all the debts - drives new cars, spends money like water, short pays support etc etc. Nothing in his name but she's home w/2 kids. He pays mortgage and cars etc. Just it's in her name. But "Matrimonial Home" should mean legally he has an INTEREST in the property. And, no - no one bought the "I pay rent" story. Was just another eye-rolling moment during Trial. He made a total fool out of himself, but hey: he's getting away with all kinds so far. I've gotta give him that. Thanks to whatever forces out there are colliding to totally F* up my life :s

[arabian]

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).

[hadenough]

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.

[byebye]

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.

[arabian]

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.

[May_May]

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 !

[Motorhead168]

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.