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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 09-29-2009, 09:52 AM
Heart-broken dad Heart-broken dad is offline
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Default Motion for costs

Any advice on how to deal with this? What does a judge usually look at in their decision to grant costs? If you are ordered to pay costs, is there a way to get out of it?

I've noticed that individuals who are self-represented are more likely to be ordered to pay costs..... Doesn't sound fair somehow.
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Old 09-29-2009, 11:46 AM
tara tara is offline
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You have to give more info on your particular situation.
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Old 09-29-2009, 07:22 PM
Stargate Stargate is offline
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Quote:
Originally Posted by Heart-broken dad View Post
Any advice on how to deal with this? What does a judge usually look at in their decision to grant costs? If you are ordered to pay costs, is there a way to get out of it?

I've noticed that individuals who are self-represented are more likely to be ordered to pay costs..... Doesn't sound fair somehow.
If you are ordered to pay costs by a judge there's no getting out of it - an Order is an Order. Matters not if you have a lawyer or not. In most cases a judge will only grant a portion of the costs incurred by the winning party.
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Old 09-29-2009, 08:30 PM
Justforkids Justforkids is offline
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I don't understand why self-represented party is more likely ordered to pay costs. Do judges look at self-represented party differently? When a party chose to represent himself, is likely that he can not afford the legal fees. When then a judge order to pay costs?
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Old 09-29-2009, 08:34 PM
Stargate Stargate is offline
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Originally Posted by Justforkids View Post
I don't understand why self-represented party is more likely ordered to pay costs. Do judges look at self-represented party differently? When a party chose to represent himself, is likely that he can not afford the legal fees. When then a judge order to pay costs?
It doesn't matter whether you have a lawyer or not. If you lose your case in Court then the Judge can order you to pay all or part of the costs incurred by the other side.
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Old 09-30-2009, 09:00 AM
representingself representingself is offline
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Stargate is correct. Not only is there no way to get out of it.... IF costs are awarded during a child support issue, a Judge can send the bill for costs to the FRO, who adds it on as an arrear and they will "enforce" collection.

Basically, if you act reasonably, try to negotiate, attend mediation, offer to settle, and the final order goes your way... then you can be awarded costs.

It is entirely up to the Judge.

If you are in Ontario...under the Family Law Rules...

RULE 24: COSTS

SUCCESSFUL PARTY PRESUMED ENTITLED TO COSTS
24. (1) There is a presumption that a successful party is entitled to the costs of a motion, enforcement, case or appeal. O. Reg. 114/99, r. 24 (1).

SUCCESSFUL PARTY WHO HAS BEHAVED UNREASONABLY
(4) Despite subrule (1), a successful party who has behaved unreasonably during a case may be deprived of all or part of the party’s own costs or ordered to pay all or part of the unsuccessful party’s costs. O. Reg. 114/99, r. 24 (4).

DECISION ON REASONABLENESS
(5) In deciding whether a party has behaved reasonably or unreasonably, the court shall examine,
(a) the party’s behaviour in relation to the issues from the time they arose, including whether the party made an offer to settle;
(b) the reasonableness of any offer the party made; and
(c) any offer the party withdrew or failed to accept. O. Reg. 114/99, r. 24 (5).

DIVIDED SUCCESS
(6) If success in a step in a case is divided, the court may apportion costs as appropriate. O. Reg. 114/99, r. 24 (6).

ABSENT OR UNPREPARED PARTY
(7) If a party does not appear at a step in the case, or appears but is not properly prepared to deal with the issues at that step, the court shall award costs against the party unless the court orders otherwise in the interests of justice. O. Reg. 114/99, r. 24 (7).

BAD FAITH
(8) If a party has acted in bad faith, the court shall decide costs on a full recovery basis and shall order the party to pay them immediately. O. Reg. 114/99, r. 24 (8).

COSTS TO BE DECIDED AT EACH STEP
(10) Promptly after each step in the case, the judge or other person who dealt with that step shall decide in a summary manner who, if anyone, is entitled to costs, and set the amount of costs. O. Reg. 114/99, r. 24 (10).

FACTORS IN COSTS
(11) A person setting the amount of costs shall consider,
(a) the importance, complexity or difficulty of the issues;
(b) the reasonableness or unreasonableness of each party’s behaviour in the case;
(c) the lawyer’s rates;
(d) the time properly spent on the case, including conversations between the lawyer and the party or witnesses, drafting documents and correspondence, attempts to settle, preparation, hearing, argument, and preparation and signature of the order;
(e) expenses properly paid or payable; and
(f) any other relevant matter. O. Reg. 114/99, r. 24 (11).

PAYMENT OF EXPENSES
(12) The court may make an order that a party pay an amount of money to another party to cover part or all of the expenses of carrying on the case, including a lawyer’s fees. O. Reg. 114/99, r. 24 (12).
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