I was looking through the F.R.O "Act" and have a question re: Section 41. Under DEFAULT HEARING, S.41
41 (1) When a support order that is filed in the Director's office is in default, the Director may prepare a statement of the arrears and, by notice served on the payor w/the statement of arrears, may require the payor to deliver to the Director a financial statement and such proof of income as may be required by the regulations and to appear before the court to explain the default. 2005, c. 16, s. 24 (*ex has not provided them w/the financial stmt or VAPS they requested)
PERSONS Financially Connected to the Payor
(3) The Director or the *Recipient* may at any time during a default hearing under subsection (1) or (2), request that the Court make an order under subsection (4) or (5) or both. 2005, c. 16, s.24.
Financial Statement
(4) The court may, by order, require a person to file a financial statement and any other relevant documents with the court, if the court is satisfied that the person is financially connected to the payor. 2005, c. 16, s. 24.
Adding Party
(5) The court may, by order, add a person as a party to the hearing if the court,(a) has made or could make an order under subsection (4): and (b) is satisfied on considering all the circumstances, including the purpose and effect of the dealings between the person and the payor and the benefit or expected benefit to the payor, that there is some evidence that the person has sheltered assets or income of the payor such that enforcement of the support order against the payor may be frustrated. 2005, c.16, s. 24.
Order against person financially connected to the payor
(12) If the court is satisfied that a person who was made a party to the hearing under ss (5) sheltered assets or income of the payor.. Etc etc "payor's" shall be read as "persons" 2005, c. 16, s. 24.
*according to this - is it possible that I can ask FRO to file a default hearing? EX is in huge arrears, he has not returned the financial statement to FRO, he owes my lawyer money that I'm supposed to collect (?!) And his wife definitely "shelters income and assets" - I have plenty of proof on that front. Relevant proof, not just my 'opinion' or belief.
Has anyone had a person "added" or requested a default hearing to be scheduled? Their house will sell sooner or later. His name is not on title. But if she were added as a party - FRO could register a lien to collect the arrears.
Thanks for any thoughts.