Ottawa Divorce .com Forums

User CP

New posts


  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Closed Thread
Thread Tools
Old 03-30-2012, 08:27 PM
hadenough's Avatar
hadenough hadenough is offline
Senior Member
Join Date: Sep 2011
Posts: 2,468
hadenough is on a distinguished road
Default Final order update and fro

Well, it took almost 7 months (from date of Order) but I FINALLY got my stamped/'certified' COSTS ORDER AND FINAL CS ORDER (FORM 25).

I was pretty sure it was lost in the Bermuda Triangle, but it has finally appeared. Questions..

The lawyer I had for Trial (not my lawyer anymore) says he "believes" the costs order (ordering my EX to pay XX,000 dollars in costs) is "FRO enforced".. Hmmm.. For some reason the costs order was stamped and certified and so was the Final Judgment Order.. Supposedly this is unusual (??) - So - just wondering - are the costs usually FRO ENFORCED?

EX had 6 months to pay the sum total of costs.. the way it works is - he's supposed to pay me (fat chance of that) and I then in turn pay my lawyer. EX has already indicated on 2 occasions (via email) that he is NOT PAYING the costs. Ultimately, this could lead to a lien being registered against my property, by my former lawyer - and this I know is a fact.. I don't know that he will do that - I only know that he certainly 'can.'

In the meantime; ex has not ONCE paid the court ordered amount since Judgment was released. Over 6 months has passed.. as well - there have been what (I think) are "material changes in circumstance" - but I do not know if these changes will be seen as "material" in the Court's view.

Ex and his wife bought a house less than a year ago.. renovated it extensively - and are now flipping it, for a considerable profit. At trial, he testified that they had purchased, yes, but they were "downsizing." He ofcourse made no mention that the sole purpose for buying the property was to renovate it and flip it 10 months later... isnt that afterall what "broke" people do?? Buy houses - renovate them - and flip them for a profit?

Problem is: the house is NOT in his name, although as noted in Court Judgment and as testified - it is the MATRIMONIAL HOME and EX is the sole financial provider "breadwinner" - hmmmmm.. So - what with him about to come into this winfall- is there any way that I might look for a security on COSTS (to pay my lawyer the amt he is owed), and on the old, and possibly new arrears (Almost 30k combined).. The Judge put him at paying a crazy low price per month on the arrears over a time span of ELEVEN YEARS, and ofcourse that was in part due to the fact that it had to be set at an amount he could "manage."

EX does more than just "manage" on a daily basis. Frequent travel (personal), new vehicles (another thing he lied about at Trial) and I wondered if in light of this amount of money he is about to come into (almost 200k) if I could get the costs secured against his house.

It is clear that he is NOT going to pay any amount voluntarily. This would be the perfect opportunity to make sure that he complies, and with a track record of total disregard, and non-compliance, I'd hate to miss out on this opportunity.

So now that FRO will be involved soon - is it also true that they will send S.D.O. to EX's clients? EX is self employed.. Lawyer gave me the impression that if I provided FRO with a customer list (which I can) that FRO would contact those clients and send them Support Deduction Orders.. is this correct - do I understand this to mean that his clients would be obligated to forward a percentage of what would otherwise be payables to EX, to FRO instead?

Was looking at Motions to Vary/Change, not sure I know which one applies to me, if any.. Form 15 I believe it is.. is this something I can look into?

In the meantime, I have a LOT less work than I previously did - and have just recently lost a major source of income. (material change??)

Any advice on this much appreciated,
Closed Thread

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On

All times are GMT -4. The time now is 02:58 PM.