Help! How to Garnish Costs/etc...

[vocalfather]

After enduring 12.5 yrs of court and an ex who feels she's above having to pay any costs, I'm now wondering how I can enforce payment of costs via garnishments. She's all but told the Judge in our final hearing that she knows she doesn't have to pay costs and never will. The judge told her that's false. The judge encouraged me to seek garnishment but provided no guidance on how to do so. So I'm here now wondering how to do so. She's been ordered to pay CS and S7 expenses but I have well over 50k in court costs that I want to enforce. The only direction I've been given was Ontario court forms - From 29 for garnishment but I have no clue how to start and where to go with this. If anyone has any knowledge, I would so greatly appreciate your guidance. TIA in advance!!!

 

[rockscan]

You might be able to file the garnishment form with the court civilly and then take the order to her bank and workplace. You can garnish people who haven't paid rent but it may not be the same.

The only other option is to file a form to have an order enforced by FRO or MEP depending on your province.

What does your order say about costs? Does it say they are enforceable by FRO?

ETA I went back and looked at form 29. It looks like you can simply write in the details and file it with the court. I would start there. The clerks are pretty knowledgeable and can help.

 

[Bogdan]

Dealing with similar matters.

The conclusion that I've reached is that just like Contempt Charges ... Costs are a joke (submission and payments).

As posted multiple times on this forum ... costs are often waived and are sexist ... with the rational loosely being not wanting to "piss-off" the unreasonable parent anymore (often the mother). This outcome is also often rationalized under the guise of "best interest of the child".

On top of everything, costs are NOT proportional to income ... i.e. if litigating against a unreasonable well off individual with above average income .. actual cost amounts (even if you're lucky to get them) can end up being inconsequential "slap on the wrist" amounts at best.

Lawyers won't tell you any of this for the obvious reason that if people knew this from the start ... they would litigate / and use lawyers much less.

My understanding is that if there's been in issue with payment, you can (at cost submission time) .. ask for things to be payable under FRO and some form of additional payments for any delinquencies.

I believe you can also go the collections agency route .. but obviously they take a cut.

Will be curious to know how things work out for you.

 

[vocalfather]

You might be able to file the garnishment form with the court civilly and then take the order to her bank and workplace. You can garnish people who haven't paid rent but it may not be the same.

The only other option is to file a form to have an order enforced by FRO or MEP depending on your province.

What does your order say about costs? Does it say they are enforceable by FRO?

ETA I went back and looked at form 29. It looks like you can simply write in the details and file it with the court. I would start there. The clerks are pretty knowledgeable and can help.

The costs don't say they are enforceable by FRO. Tired of it all in that regard. Agreed - I'll have to find a day to head down there and speak to the clerks. Thanks for taking the time to reply!

 

[vocalfather]

Dealing with similar matters.

The conclusion that I've reached is that just like Contempt Charges ... Costs are a joke (submission and payments).

As posted multiple times on this forum ... costs are often waived and are sexist ... with the rational loosely being not wanting to "piss-off" the unreasonable parent anymore (often the mother). This income is also often rationalized under the guise of "best interest of the child".

On top of everything, costs are NOT proportional to income ... i.e. if litigating against a unreasonable well off individual with above average income .. actual cost amounts (even if you're lucky to get them) can end up being inconsequential "slap on the wrist" amounts at best.

Lawyers won't tell you any of this for the obvious reason that if people knew this from the start ... they would litigate / and use lawyers much less.

My understanding is that if there's been in issue with payment, you can (at cost submission time) .. ask for things to be payable under FRO and some form of additional payments for any delinquencies.

I believe you can also go the collections agency route .. but obviously they take a cut.

Will be curious to know how things work out for you.

We're all done now, thankfully. Not going to even reopen that whole enforceable by FRO thing now unless there was to be a huge change in her income or otherwise. I'm going to investigate the forms with a court clerk. I think that's the best option for now. PS: Costs were waived the first time for her - she was hit huge and spanked because she hid behind claiming no income and LA.