Difference between revisions of "Child Support Arrears"
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A person who owes arrears of child support, a ''payor'', will likely be interested in the ways that the outstanding amount can be reduced, while a person to whom support is owing, a ''recipient'', will be interested in collecting on the arrears. | A person who owes arrears of child support, a ''payor'', will likely be interested in the ways that the outstanding amount can be reduced, while a person to whom support is owing, a ''recipient'', will be interested in collecting on the arrears. | ||
A person who owes arrears will generally have a difficult time convincing the court to forgive all or some of | A person who owes arrears will generally have a difficult time convincing the court to forgive all or some of their debt. On the other hand, collecting arrears can be difficult as well, if for no other reason than you can't get blood from a stone. Unless the payor has another source of funds to draw upon, a recipient may discover that the outstanding support will never be recovered. | ||
Despite these barriers and obstacles, it is possible for a payor to have | Despite these barriers and obstacles, it is possible for a payor to have their arrears reduced and, sometimes, cancelled altogether. At the same time, recipients have <span class="noglossary">access</span> to some very powerful and effective enforcement tools to collect outstanding arrears of support. | ||
===Orders for support=== | ===Orders for support=== | ||
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Orders for the payment of child support are enforceable like any other order of the court. Someone who breaches a Supreme Court order can be punished for contempt of court. As well, under the ''[[Family Law Act]]'', the Supreme Court and the Provincial Court can: | Orders for the payment of child support are enforceable like any other order of the court. Someone who breaches a Supreme Court order can be punished for contempt of court. As well, under the ''[[Family Law Act]]'', the Supreme Court and the Provincial Court can: | ||
#require the payor to provide security for | #require the payor to provide security for their compliance with the court order, | ||
#pay any expenses incurred by the recipient as a result of the payor's actions, | #pay any expenses incurred by the recipient as a result of the payor's actions, | ||
#pay up to $5,000 for the benefit of another party or a child whose interests were affected by the payor's actions, | #pay up to $5,000 for the benefit of another party or a child whose interests were affected by the payor's actions, | ||
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#collecting from a corporation wholly owned by the payor, | #collecting from a corporation wholly owned by the payor, | ||
#redirecting federal and provincial payments owed to the payor, like GST or income tax rebates, to the recipient, | #redirecting federal and provincial payments owed to the payor, like GST or income tax rebates, to the recipient, | ||
#prohibiting a payor from renewing | #prohibiting a payor from renewing their driver's licence, | ||
#directing the federal government to refuse to issue a new passport or suspend current passport, | #directing the federal government to refuse to issue a new passport or suspend current passport, | ||
#registering a lien against personal property and real property owned by the payor, and | #registering a lien against personal property and real property owned by the payor, and | ||