“An order of discharge in a bankruptcy proceeding does not release a bankrupt from a debt respecting child support: Bankruptcy and Insolvency Act s. 178(1)(c).
Section 1(1)(g) of the Family Responsibility and Support Arrears Enforcement Act, 1996, S.O. 1996, c. 31 provides:
In this Act,
“support order” means a provision in an order made in or outside Ontario and enforceable in Ontario for the payment of money as support or maintenance, and includes a provision for,
(g) interest or the payment of legal fees or other expenses arising in relation to support or maintenance,
The advantages of an order under this provision are that the costs award is enforceable by the Family Responsibility Office and the order is not discharged in a bankruptcy by virtue of s. 178(1)(c) of the Bankruptcy and Insolvency Act: Wildman v. Wildman, 2006 CanLII 33540 (ON CA), 2006 CarswellOnt 6042, at para. 55. As a result, the party owed the award can collect on at least some of it.”