Carolyn Brett

A default hearing under the Family Responsibility and Support Arrears Enforcement Act concerning a payor's failure to pay spousal support arrears totalling $307,372.74.

The payor claimed inability to pay and disputed the accuracy of the arrears statement.

The court found the payor had failed to rebut the presumption of ability to pay, had not provided valid reasons for default, and had engaged in a pattern of non-disclosure and evasion.

The court imposed a final default order requiring monthly payments of $3,000, a lump sum payment of $90,000 by September 3, 2018, and payment of the balance by June 1, 2019, with significant jail terms for non-compliance.

The Director, Family Responsibility Office brought a default proceeding against the respondent for failure to honour a child support order requiring monthly payments of $682.00 per month.

The respondent accumulated arrears of $55,005.00 over approximately 80 missed payments since 2010.

The respondent claimed inability to pay due to unemployment resulting from his criminal record and notoriety, and disputed the existence of a trust fund found by the original trial judge.

The court found the respondent failed to rebut the presumption of ability to pay, failed to provide valid reasons for non-payment, failed to demonstrate acceptance of responsibility, and failed to provide required financial disclosure.

The court imposed a warrant of committal for 90 days imprisonment or until arrears were paid, plus 3 days imprisonment for each future default.

A default hearing concerning child support arrears.

The Director sought a default order requiring the respondent father to pay $2,224 per month in ongoing support plus $776 per month toward arrears, with a 3-day jail term for each default.

The father, acting in person, sought a $600 per month payment order without a committal clause.

The court found the father had only partially rebutted the presumption of ability to pay, noting his poor payment history, lack of credibility, and inconsistent financial disclosure.

The court ordered a graduated payment schedule starting at $600 per month and increasing to $1,800 per month by April 2017, with a 3-day jail term for each default up to a maximum of 180 days.

The respondent father brought a motion to change a child support order dated January 4, 2006, seeking to rescind all arrears.

The applicant mother did not respond and was noted in default.

The father claimed he had suffered a motor vehicle accident on December 21, 2011, resulting in injuries and depression that prevented him from working.

The court found that while the father's present ability to work had been compromised, he failed to establish a permanent future inability to pay.

The court terminated ongoing support obligations but rescinded only the arrears owing to the mother.

The arrears owing to the City of Toronto (assignee) were fixed at $31,000, with the father ordered to repay at $150 per month commencing March 1, 2015.

A default order was issued providing for jail time for non-compliance.

The respondent father brought a motion to change a child support order dated November 6, 2008, seeking to reduce his child support obligations for his 22-year-old daughter and to reduce his support arrears.

The applicant mother opposed the motion.

The Director of the Family Responsibility Office brought a concurrent default proceeding.

The court found that while there had been a change in circumstances since 2008 due to the father's additional health issues and age, the father's evidence was not credible and he had demonstrated a pattern of non-compliance with support obligations.

The court reduced the arrears from approximately $19,267 to $12,000 and set ongoing child support at $250 per month based on an imputed income of $30,440 per annum.

The court ordered the father to repay arrears at $200 per month during the child's entitlement period and $450 per month thereafter, with a default order providing for jail time for non-compliance.

A default hearing brought by the Director, Family Responsibility Office against a support payor for arrears of child and spousal support totalling $68,335.56.

The payor had been in default since December 2008 following job loss and subsequent development of severe clinical depression and anxiety disorder.

The Director sought an order for incarceration.

The court found that the payor had discharged his burden of proof by demonstrating he was unable, for valid reasons, to pay the arrears or make subsequent payments.

The court dismissed the incarceration remedy and instead imposed reporting and disclosure obligations, including annual submission of tax returns, financial statements, and medical reports regarding the payor's employability.