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. 5811de 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