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Cost Award Outstanding - not paying - what to do ?

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  • Cost Award Outstanding - not paying - what to do ?

    Hello Community,

    So its been more that two weeks since I won my motion, which included a cost award of 400.00

    The Respondent is not paying. What now, motion for contempt ?

    as always thank you

  • #2
    what is the wording in the Order - to be paid "forthwith" ? Is there a date specified that the money will be paid by? Can you not take the Order and have FRO enforce it?

    Two weeks is not a very long time.

    Congratulations on your recent success in court!

    Comment


    • #3
      Originally posted by arabian View Post
      what is the wording in the Order - to be paid "forthwith" ? Is there a date specified that the money will be paid by? Can you not take the Order and have FRO enforce it?

      Two weeks is not a very long time.

      Congratulations on your recent success in court!

      Thank you Arabian. The Justice's endorsement says 'Costs in the amount of xxx.xx shall be paid by the respondent to the applicant in view of the results of this motion'.

      Comment


      • #4
        I believe you are registered with FRO. Therefore, I'd simply make sure that they get the signed Order/endorsement. That way you don't have to deal with your ex directly.

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        • #5
          does fro deal with court costs??

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          • #6
            Big fat old......NO

            Originally posted by standing on the sidelines View Post
            does fro deal with court costs??

            Comment


            • #7
              In Alberta costs awarded in family court are indeed enforceable by MEP. I'd check that out if I were you. Most maintenance enforcement agencies have same/similar policies across the country.

              Comment


              • #8
                If you are dealing with FRO. They will not enforce a cost award unless it specifically says that it can be enforced as Child Support through the FRO. Your wording that you stated does not say that. It does not say payable forthwith. You won't be able to collect it easily.

                If you are continuing in court you will need to try and address it and encompass it some way.

                For example; I had large cost awards that were not paid and the next time the other side took me to court I attempted to strike the ex's pleadings. I was not successful but the judge did lump that cost award in with the new cost award and made it enforceable as child support so FRO was able to garnish it. There are many ways to attempt to collect but none are cheap and easy. You will have to remember in the future to ask the cost award wording to be specific. Live and learn.

                Comment


                • #9
                  Originally posted by plainNamedDad44 View Post
                  Hello Community,

                  So its been more that two weeks since I won my motion, which included a cost award of 400.00

                  The Respondent is not paying. What now, motion for contempt ?

                  as always thank you
                  You can't contempt someone for the failure to pay money. Read the Rules on that.

                  I wouldn't recommend trying to collect on the $400 in costs. You can simply bring forward the matter and request other remedies that are more appropriate.

                  Costs orders themselves are a very loud statement to a party and to the future justices hearing the matter on who the unreasonable party is. Costs orders are about the reasonable conduct of parties. If you are not reasonable or don't settle matters you have costs ordered against you.

                  Not only are you down 400$ in cash money... You are subtracting the more valuable "good will" before the court. So you can always go into the next court appearance and identify that the costs have not been paid and that the other party is again being unreasonable... etc...

                  Costs are not always about just the money...

                  Good Luck!
                  Tayken

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                  • #10
                    there is always small claims court.

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                    • #11
                      If you are registered with FRO (as a payor or recipient you would have a file number) you should be able to send them a copy of your Order. Perhaps they will simply credit you with the amount from the monthly amount you are to pay for CS - they do this in Alberta and you can see the debits/credits online.

                      Comment


                      • #12
                        My god Family Court is really useless. They award costs and then provide no teeth to enforce it?

                        They allow excessive bad behaviour and bad faith to go unchecked and then even when they rule on it as such, then they don't even help you enforce it?

                        Reading the case law i have over past two years, I must say, I am very impressed with the courts reasoning and consistent approach on its decisioning. It surprisingly well done how they arrive at many of their decisions but they lack any "balls". Sorry to be so crass.

                        I would think the irrationality and high-drama would quickly come to a murmur if they started to really crack down on this stuff. And make lawyers liable for some of their antics too. Make Legal Aid culpable for fueling some of this financially and give their penalties (how few there are) real teeth.

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                        • #13
                          They allow excessive bad behaviour and bad faith to go unchecked and then even when they rule on it as such, then they don't even help you enforce it?
                          You must be the only one that is shocked by this apparently. Especially when it comes to false accusation of domestic violence in order to get sole custody, matrimonial home, etc

                          Then on top of that you non disclosure of finances by the party asking for CS, SS and other stuff. The bias has to stop at some point once all the old dinosaurs left in family law perish, and younger bloods replace them.

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                          • #14
                            Originally posted by Headwaters1 View Post
                            My god Family Court is really useless. They award costs and then provide no teeth to enforce it?

                            They allow excessive bad behaviour and bad faith to go unchecked and then even when they rule on it as such, then they don't even help you enforce it?
                            We'd all want to see more justice in our justice system. We'd also love to see better results in our health care, higher standards in education, government officials who actually put in a decent day's work, etc...

                            Too many people, not enough resources (or rather badly managed resources) corruption and a general sense of apathy. It is what it is - imagine what it must be like in third world countries? OMG.

                            Comment


                            • #15
                              imagine what it must be like in third world countries? OMG
                              Yeah....apparently there is no spousal support, and "adults", actually have to go get a job and look after themselves, as opposed to depending on another adult.

                              Imagine that here..OMG

                              Comment

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