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Awarded Costs & Collection

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  • Awarded Costs & Collection

    Hello,

    Just curious as to how the court might consider costs. Of course I am seeking costs and, if awarded, could be quite substantial. My ex doesn't work, and her family has been paying for all of her legal bills. They can easily afford it, but obviously aren't directly involved with the case.

    Assuming costs are awarded, is it a legal amount owing, regardless of income? Are there collection options? Small claims (assuming less than the threshold)?

    Are there any things to consider while bringing it up in court that might impact the collection? I'm concerned that someone not working can drive up the other party's costs deliberately, and get off scott free.

    Thoughts?

  • #2
    We are registered with FRO and,the costs were ordered by the judge and accepted by FROmas an instance of CS therefore payable through FRO.

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    • #3
      Originally posted by Beachnana View Post
      We are registered with FRO and,the costs were ordered by the judge and accepted by FROmas an instance of CS therefore payable through FRO.
      My understanding is that you have to request that some or all of the costs be considered child support for the purpose of enforcement through FRO.

      If she has little to no income, they could also decide to let her off the hook. Sad but true. There is case law to support small monthly payments or a reduction to CS payments (if you are the payor) for retroactive CS awards - not sure if they apply to costs awards as well.

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      • #4
        Thank you Beachnana and HappyMomma,
        I really doubt I'd be able to collect much, but if I could get it formally on record that she's on the hook for some specific costs, that's half the battle.
        I will explore the options you mentioned with my lawyer and see if we can come up with a plan. All judge's discretion of course. *sigh*
        - YYZ

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        • #5
          From the cases I have read, it is difficult to get a CS recipient to pay costs, unless it is before equalization. Either costs will not be ordered at all (since it would hurt the kids) or if they are ordered it will be very difficult to collect.

          Don't hold your breath for a Family Court Costs Responsibility Office. It cannot be formed until the Family Access Responsibility office is created, sometime in the next 4000 years.

          That said, if you are awarded costs, then it is a legal set amount. The judge will already consider the income of the losing party when setting that amount, so it cannot be changed.

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          • #6
            There's a good chance I will be the CS recipient, but that may be a technicality as she has no real income. Justice gets punted again.

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            • #7
              Originally posted by YYZDaddy View Post
              There's a good chance I will be the CS recipient, but that may be a technicality as she has no real income. Justice gets punted again.
              She's not allowed to not have no income. You need to impute her to AT LEAST minimum wage. If your lawyer is not doing this then get a new one asap!

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              • #8
                costs are awarded, is it a legal amount owing, regardless of income?
                Yes. An Order for costs is for a specific dollar amount.

                Are there collection options?
                If related to support, they may be FRO enforceable; otherwise, all the usual options for an Order for an amount owing.

                Small claims (assuming less than the threshold)?
                Unnecessary - you already have an Order.

                She's not allowed to not have no income. You need to impute her to AT LEAST minimum wage. If your lawyer is not doing this then get a new one asap!
                Imputation to minimum wage is not a guarantee. If your lawyer has not sought to impute income, ask why - there may be a legal or strategic reasoning for it.

                Comment

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