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Difference between revisions of "Enforcing Orders in Family Matters"
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Enforcing Orders in Family Matters (view source)
Revision as of 23:28, 13 June 2019
, 23:28, 13 June 2019→Collecting without the help of FMEP
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*forcing the payor to produce financial statements, income tax returns and other financial information, | *forcing the payor to produce financial statements, income tax returns and other financial information, | ||
*getting an order to compel the disclosure of the payor's employer, assets and sources of income, | *getting an order to compel the disclosure of the payor's employer, assets and sources of income, | ||
*getting an order to garnish the payor's wages or bank accounts, | *getting an order to garnish the payor's wages or bank accounts, | ||
*summoning the payor to a special hearing for an order for the payment of the arrears and the terms on which the arrears will be paid. | *summoning the payor to a special hearing for an order for the payment of the arrears and the terms on which the arrears will be paid, and | ||
*forcing the sale of the payor's property. | |||
====Collecting in the Supreme Court==== | ====Collecting in the Supreme Court==== | ||
Some avenues of enforcement are only available in the Supreme Court, mostly because it has more expansive authority than the Provincial Court. For example, you can only force the sale of land through the Supreme Court. It also has more comprehensive disclosure procedures. | |||
The Supreme Court Family Rules that specifically deal with the collection of arrears include: | |||
*Rule 15-4: Writ of Execution | *Rule 15-4: Writ of Execution | ||
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*Rule 21-7: contempt of court | *Rule 21-7: contempt of court | ||
A Writ of Execution can also be issued by a recipient under Part 5 of the ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]''. | A Writ of Execution can also be issued by a recipient in relation to land or other property owned by the payor under Part 5 of the ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]''. | ||
====Collecting in the Supreme Court and the Provincial Court==== | ====Collecting in the Supreme Court and the Provincial Court==== | ||
Other ways of compelling payment are available under the ''Family Maintenance Enforcement Act'' and the ''Family Law Act'' in both the Supreme Court and the Provincial Court. | Other ways of compelling payment are available under the ''Family Maintenance Enforcement Act'', the provincial ''Court Order Enforcement Act'', and the ''Family Law Act'' in both the Supreme Court and the Provincial Court. | ||
Under the ''Family Maintenance Enforcement Act'', a recipient can take steps like requiring the payor to file a statement of finances, enforcing against a company owned by the payor, applying to garnish the payor's wages, and requiring the payor to attend a default hearing. Remember, though, that if you are registered with FMEP, only FMEP may enforce the order. You must either withdraw from FMEP or get permission from FMEP to make your own efforts to enforce. | Under the ''Family Maintenance Enforcement Act'', a recipient can take steps like requiring the payor to file a statement of finances, enforcing against a company owned by the payor, applying to garnish the payor's wages, and requiring the payor to attend a default hearing. Remember, though, that if you are registered with FMEP, only FMEP may enforce the order. You must either withdraw from FMEP or get permission from FMEP to make your own efforts to enforce. | ||
Orders for child support and spousal support can also be enforced under the general and extraordinary enforcement provisions of the ''[[Family Law Act]]''. Under s. 230, the court may require a payor to: | Under the the ''[http://canlii.ca/t/84h5 Court Order Enforcement Act], a recipient can seek a Writ of Execution in relation to property owned by the payor under Part 5 of the Act (although only land can be addressed in the Supreme Court) Section 3 of ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' also allows for the attachment of wages. | ||
Orders for child support and spousal support can also be enforced under the general and extraordinary enforcement provisions found in Division 6 of the ''[[Family Law Act]]''. Under s. 230, the court may require a payor to: | |||
#post security, | #post security, | ||
