The Director of the Family Responsibility Office brought a default hearing to enforce child and spousal support arrears of over $292,000 against the respondent payor.
The payor argued he lacked the ability to pay and sought to encumber a property held in his deceased parents' estate, of which he was the sole executor and beneficiary.
The court found the payor failed to provide full and frank disclosure, thereby failing to rebut the statutory presumption of ability to pay under s. 41(9) of the FRSAEA.
The court ordered the arrears secured against the property, permitted the payor to list it for sale, and ordered ongoing monthly payments of $1,250 under threat of incarceration.
