February 13, 2020 – Enforcing Costs As Support

“The material filed and the submissions of counsel raise these broad issues:

a)  Can money collected under section 19 of the Family Responsibility and Support Arrears Act (the Act) be applied towards costs?

…

Section 19 of the Act is clear and unambiguous.  Money collected under Section 19 of the Act shall be applied only towards child and/or spousal support arrears.  Costs can be collected as support under Section 19 of the Act only in circumstances where a Court Order authorizes the collection of the costs as support as defined in subsection 1(1) of the Act.  See G. (W.) v G. (K.) [2015] W.D.F.L. 5811; de Somer v Martin 2012 ONCA 908 (CanLII), 22 R.F.L. (7th) 297.

Ont. Reg. 454/07, s4 of the Act recommends the following standard term in circumstances where a Court intends a Cost order to be collected as support:

“Costs are fixed in the amount of $[insert amount], of which [insert amount] is related to support and is enforceable as support by the Director, Family Responsibility Office.”

         Henderson v. Henderson, 2017 ONSC 1340 (CanLII) at 6-8

Leave a Reply

Your email address will not be published. Required fields are marked *