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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 21:43, 15 July 2019
, 21:43, 15 July 2019→Collecting in the Supreme Court and the Provincial Court
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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. | 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, | Under the ''Family Maintenance Enforcement Act'', a recipient can take steps like requiring the payor to file a statement of finances, commencing enforcement proceedings against a corporation 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 ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'', a recipient can seek a Writ of Execution | 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, which means that the payor's wages can be garnished to pay the recipient for amounts owing. | ||
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: | ||