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  • #16
    Grace,

    Yes definitely, I think she could get the 6 months on the grounds ie: breach of contract, the intent of the order or minutes of settlement, order or agreement has been breached. Moreover, I'm thinking, there must be a reason why the benefits was agreed to the parties for a 6 month period. Perhaps one party wanted to get some dental work completed, but since the lack of co-operation on the compliance of the agreement order, the work had to be set aside. I definitely think she would be entitled to costs associated with having the party comply with the order, minutes of settlement or agreement.


    Sunday,

    I am not sure of your circumstances, but I find it that somehow you got the short end of the stick ie: that you settled for only 6 months of post benefits. I read a case recently in regards to spousal support periodic quantum and each party was going through each others expense claims with a fine tooth comb. The payor party had a problem with the recipient party claiming monthly premiums for extended health benefits such as dental plan etc for determing periodic quantum of spousal support. The court HELD that the extended health benefits of the recipient party ARE a reasonable necessary expense.

    LV

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    • #17
      Grace,

      In your situation, you could bring forth a motion also to vary the time of the order etc, but you will have to have a case conference first. I think everything would be settled at the case conference. If a party continues to not comply after a Judge at a case conference has given or advised the party to comply with the order or face contempt, all you would need is an official transcript of the case conference - this would show wilful and make it part of your affidavit evidence for a contempt motion.

      Family Law Courts could imprison an individual for contempt of an order, but seldom do. They may strike pleadings, but ineffective if your case is somewhat settled. They may issue a fine, VERY EFFECTIVE. I don't know too many people that can afford 5K to dispose in a capricious fashion. I suspect the court would also award full costs because the party is acting in bad faith.

      LV

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