Contempt of Motion for non-payment

[wife#2]

Hello all. I have searched this site and cannot find anything related to this. Contempt of Motion served for non-payment of lump sum by x date (monthly cs and ss still and always have been paid). Final order states that all non-payment or late payment issues are to be dealt with by the FRO and a 3% interest rate applies, which is happening.
Lawyer states to tell the party that filed that this also goes against Rule 31.1 of the Rules, which states that a motion of contempt cannot be made against a payment order, and to withdrawal motion or the party that was served will seek costs against them. This was done. Refused to withdrawal motion.
Anyone heard of this before? Thoughts on costs? Both sides self rep.
Thanks

[OrleansLawyer]

WHEN CONTEMPT MOTION AVAILABLE

31. (1) An order, other than a payment order, may be enforced by a contempt motion made in the case in which the order was made, even if another penalty is available. O. Reg. 114/99, r. 31 (1).

Source - CanLII - Family Law Rules, O Reg 114/99

Contempt is not a remedy available for failure to pay. The party defending the motion can make submissions of, "failure to make payment, contempt not remedy available, please give me costs".

The party who wishes to be paid should seek the other methods of enforcing an Order, such as those found in Rule 28 and Rule 29.

[wife#2]

Thank-you for your reply! This case aside, I have read on this forum that it is very difficult to get an order of contempt, hard to prove, etc. So what usually happens when the judge dismisses these motions? Are costs usually rewarded to the respondent, since they were not actually found in contempt?

[wretchedotis]

Your materials should have asked for costs.

revisit the concept before the Justice in a respectful way.

Do not expect them to be awarded.

Often, the required legal fee's for the motions' 'bringer' (is that a word?) is punishment enough, I would think.

[wife#2]

Just wanted to give an update for those of you who may need the info one day. Judge very unpleased with applicant, asking why after respondent informed them of rule 31 the motion was not stopped. Motion dismissed.

[mcdreamy]

Contempt of Motion served for non-payment of lump sum by x date (monthly cs and ss still and always have been paid). Final order states that all non-payment or late payment issues are to be dealt with by the FRO and a 3% interest rate applies, which is happening

Too bad applicant chose incorrect way to enforce initial order. They'll learn, hopefully. Why hasn't payment of lump sum by x date occurred?