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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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  #1  
Old 06-03-2018, 10:15 PM
DiancePrinceWW DiancePrinceWW is offline
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Default Outstanding cost order and new application

Hello, my ex has a rather large outstanding costs order against her, and hasn't paid a penny.
My understanding is that she cannot submit a new application until previous costs have been paid.

I have reason to believe she will be attempting to reopen a custody battle imminently, and wondering if that's possible.

There have been no material changes in our situation.

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Old 06-03-2018, 11:40 PM
DiancePrinceWW DiancePrinceWW is offline
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Sorry, this was more of a question... aren't there rules preventing one party from filing a new application with outstanding cost orders?
How does the court prevent repetitive applications that just bleed another party dry financially?

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Old 06-04-2018, 06:50 AM
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arabian arabian is offline
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I wish it were automatic....

If/when your ex files an application you could do a cross-motion requesting that her motion be dismissed along with an Order that until such time as previous costs order be paid no further applications can be brought forward.

Best to get legal advice.
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Old 06-05-2018, 10:40 PM
DiancePrinceWW DiancePrinceWW is offline
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I've been hearing about a rule that states a party cannot continue a process is until the costs have been paid.

Can't find any such rule documented, even if it's not automatic.

Thoughts?

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Old 06-06-2018, 12:04 AM
DiancePrinceWW DiancePrinceWW is offline
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Oh I understand that, and totally agree with it. At the same time, I'm sure there's a rule that can be used to stop a vexatious litigant from continually racking up cost orders and opening new applications or motions.
Judge's discretion of course.

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