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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 21:37, 28 June 2019
, 21:37, 28 June 2019→Collecting in the Supreme Court and the Provincial Court
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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. | ||
Under | Under 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: | 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, | |||
*pay the recipient's expenses incurred as a result of the payor's actions, or | |||
*pay up to $5,000 to the recipient as a fine. | |||
Under s. 231 of the act, the court may jail a payor in breach of an order if no other order will secure the payor's compliance. Going to jail will not cancel any arrears that are still owing. | Under s. 231 of the act, the court may jail a payor in breach of an order if no other order will secure the payor's compliance. Going to jail will not cancel any arrears that are still owing. | ||