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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 10-01-2019, 12:00 PM
DAHP_01_05_12 DAHP_01_05_12 is offline
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Default Child support

I've been requesting my ex's NOA for 2017 and 2018 and having no luck in getting them. We do have an order indicating that he is to disclose them on June 1 every year.

I am registered with FRO, can they help me obtain this information and enforce accordingly? Or do I need to bring a motion to court?

Im trying to avoid retaining a lawyer.
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Old 10-01-2019, 01:14 PM
Lemongirl Lemongirl is offline
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FRO can’t help you. All they do is enforce the order. U need to file with the courts to request disclosure. I wouldn’t use a lawyer to do this. It’s pretty easy.
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Old 10-01-2019, 06:36 PM
rockscan rockscan is offline
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File a form 20 if youre in Ontario. You motion for disclosure.
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Old 10-12-2019, 11:52 PM
calvinfive calvinfive is offline
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Quote:
Originally Posted by rockscan View Post
You motion for disclosure.
She already has an order for yearly disclosure. That's literally the second sentence of her post.

She has to motion for contempt.
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Old 10-17-2019, 10:01 AM
HammerDad HammerDad is offline
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Quote:
Originally Posted by calvinfive View Post
She already has an order for yearly disclosure. That's literally the second sentence of her post.

She has to motion for contempt.
Contempt is generally reserved for egregious matters. Failing to disclose wouldn't fall into that category....yet. First step is a written request for the NoA. Second step is a letter from the lawyer requesting the NoA. Then the Form 20, request for disclosure motion. Then contempt after further disclosure is ordered.

Getting to contempt is a process. You have to show you've made reasonable attempts to obtain, and those attempts have been ignored.
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Old 10-17-2019, 10:52 AM
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Contempt is definitely inappropriate in this case. From Hefkey v. Hefkey, 2013 ONCA 44 -

Quote:
The civil contempt remedy is one of last resort. It should not be sought or granted in family law cases where, as here, other adequate remedies are available to the allegedly aggrieved party. The courts have repeatedly stressed that great caution must be exercised when considering contempt motions in family law proceedings. Contempt findings in such cases should be made only sparingly and, as we have said, as a last resort “where conferences to try to resolve access problems or motions for enforcement have failed"
The limited circumstances in which a contempt motion in a family court proceeding may be appropriate, from Jackson v Jackson, 2016 ONSC 3466 -

Quote:
(a) contempt is discretionary,

(b) because of its seriousness and quasi-criminal nature, it must be used cautiously and with great restraint,

(c) it cannot be reduced merely to a mechanism for enforcing judgments,

(d) it should be used sparingly and as a measure of last resort where there are no other adequate remedies available,

(e) it is reserved for cases involving defiant conduct that is at the most significant end of the spectrum and where it appears to be the only reasonable means of sending a message to a litigant that court orders cannot be flaunted, and

(f) the complex emotional dynamics involved in family law disputes and the desirability of avoiding further escalation of the conflict between the parties are additional factors that prompt a cautious approach to the use of contempt as an enforcement tool in family proceedings.
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