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  • Enforcing cost awards

    I understand now that support + interest are enforced through FRO.

    But how about costs? My ex refuses to pay what the judge ordered in costs, so what is my recourse

    Do you think I can bring a motion of contempt in respect of the costs?

    Appreciate it.

  • #2
    Dont you have another appearance? I think if he tries to file any more actions he will be denied until he pays costs. In some instances costs can be recovered via FRO.

    You need to understand that contempt isnt easy and a serious battle. You may want to get your order for costs clarified and see if FRO can enforce them first.

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    • #3
      Costs awarded can be processed through FRO but I believe the order has to state that the costs awarded are to be considered an instance of child support. And as we have just found out you need to make sure a date for payment is also stated or the payor can just ignore them.

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      • #4
        Do you think I can bring a motion of contempt in respect of the costs?
        No. Failure to make a payment is specifically excluded as grounds for contempt.

        Costs awarded can be processed through FRO but I believe the order has to state that the costs awarded are to be considered an instance of child support.
        Correct; if the costs were not incurred for support purposes (or if the judge does not write that they are to be enforced), they are a debt like any other (ie. not FRO enforced).

        My ex refuses to pay what the judge ordered in costs, so what is my recourse
        Like any creditor, you can enforce payment through the court if needed. This can be either through garnishing their pay, their accounts or compelling the sale of their home. If their pay is already garnished past the limit for a private debt on account of support, and they have no other assets, you are unlikely to collect any time soon.

        Comment

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