Difference between revisions of "Spousal Support Arrears"

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===Orders for support===
===Orders for support===


Orders for the payment of spousal 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 spousal 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:


#require the payor to provide security for their compliance with the court order,
*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,
*to 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,
*to 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 as a fine, or
*to pay up to $5,000 as a fine, or
#if nothing else will ensure the payor's compliance with the order, jail the payor for up to 30 days.
*to be jailed, if nothing else will ensure the payor's compliance with the order, for up to 30 days.


Unfortunately for people who would rather be jailed than pay, s. 231(3)(c) says that:
Unfortunately for people who would rather be jailed than pay, section 231(3)(c) says that:


<blockquote><tt>imprisonment of a person under this section does not discharge any duties of the person owing under an order.</tt></blockquote>
<blockquote><tt>imprisonment of a person under this section does not discharge any duties of the person owing under an order.</tt></blockquote>

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