“Section 12 of the Guidelines provides that “the court may require in the order for the support of a child that the amount payable under the order be paid or secured, or paid and secured, in the manner specified in the order” (emphasis added).
Section 34(1)(k) of the Family Law Act states that this Court has the jurisdiction and power to order a charge against real property to secure support by “requiring the securing of payment under the order, by a charge on property or otherwise”. The Court of Appeal has confirmed the courts’ ability to make a charging order in Mwanri v. Mwanri, 2015 ONCA 843.
In the circumstances of this case where the Respondent has made it abundantly clear that he has no intention of paying child support and where he is taking action to move his assets and his life to Costa Rica, it is proper to order a lien against the Respondent’s property in Honey Harbour to secure the payment of the retroactive child support.”