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Final Order given with 60 days..now what?

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  • Final Order given with 60 days..now what?

    An order was made for the respondent to pay within 60 days. This has now passed as the respondent believes they are above the law. What do I do now?

  • #2
    If you are not registered with FRO do so now.

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    • #3
      Originally posted by arabian View Post
      If you are not registered with FRO do so now.

      The final order was made from real estate fee reimbursements. He got caught lying about the reimbursements (pocketed the full amount), given 60 days to pay the original July order of 50% split.

      I am registered through FRO, but this order doesnt have anything to do with CS/SS? I would still send it?

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      • #4
        No I don't think they will enforce it unless it has to do with child or spousal support.

        You may have to go the traditional route of Small Claims Court. check online in your province and see what your options are.

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        • #5
          Thanks Arabian. Tried researching Canlii a little bit.

          Talked with the courthouse and I will go in and talk to an advice lawyer as well.

          Filled out Form 31: Notice of Contempt Motion and 14A: Affidavit.

          ..here we go again!

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          • #6
            Filled out Form 31: Notice of Contempt Motion and 14A: Affidavit.
            Someone cannot be found in contempt for failure to make a payment.

            There are enforcement mechanisms when someone owes you money. Follow them. For example, having the sheriff compel the sale of their home.

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            • #7
              Depending on how much they owe you can put a lein on there property. Also check with CRA as they may be able to assist.

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              • #8
                Originally posted by OrleansLawyer View Post
                Someone cannot be found in contempt for failure to make a payment.

                There are enforcement mechanisms when someone owes you money. Follow them. For example, having the sheriff compel the sale of their home.
                No wonder self-reps find the system so incomprehensible! If someone is court ordered to pay something, and they do not follow through, how is that not contempt?

                Some of the stories around here make me wish that people could have their exes criminally charged with some sort of Fail to Comply offence.

                Society would be much improved if people were held to their word.

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                • #9
                  No wonder self-reps find the system so incomprehensible! If someone is court ordered to pay something, and they do not follow through, how is that not contempt?
                  The rules set out when contempt is available - "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."

                  Citation: CanLII - Family Law Rules, O Reg 114/99

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                  • #10
                    Actually I think small claims court is faster, certainly cheaper and easier to negotiate. Its only $75 at our local court house to file a claim and then they do seem to follow the rules far more than Family Law Courts.

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                    • #11
                      I contacted him directly and asked when he would like to go back to court. He explained his situation and I agreed to give him two weeks to pay, otherwise we go back to court.

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