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Family Law Rules – Rule 30: Default Hearing

Angela Princewill

November 21, 2015

RULE 30:  DEFAULT HEARING

ISSUING NOTICE OF DEFAULT HEARING

30. (1) The clerk shall issue a notice of default hearing (Form 30),

(a) if the support order is being enforced by the recipient, when the recipient files a request for a default hearing (Form 30A) and a statement of money owed (subrule 26 (5));

(b) if it is being enforced by the Director, when the Director files a statement of money owed.  O. Reg. 114/99, r. 30 (1).

SERVING NOTICE OF DEFAULT HEARING

(2) The notice of default hearing shall be served on the payor by special service in accordance with subrule 6 (4) and filed.  O. Reg. 114/99, r. 30 (2); O. Reg. 322/13, s. 18 (1).

PAYOR’S DISPUTE

(3) Within 10 days after being served with the notice, the payor shall serve on the recipient and file,

(a) a financial statement (Form 13); and

(b) a default dispute (Form 30B).  O. Reg. 114/99, r. 30 (3).

UPDATING STATEMENT OF MONEY OWED

(4) The recipient shall serve and file a new statement of money owed (subrule 26 (5)) not more than seven days before the default hearing.  O. Reg. 114/99, r. 30 (4).

WHEN DIRECTOR TO UPDATE STATEMENT

(5) Despite subrule 26 (10), subrule (4) applies to the Director only if,

(a) the amount the Director is asking the court to enforce is greater than the amount shown in the notice of default hearing; or

(b) the court directs it.  O. Reg. 114/99, r. 30 (5).

STATEMENT OF MONEY OWED PRESUMED CORRECT

(6) The payor is presumed to admit that the recipient’s statement of money owed is correct, unless the payor has filed a default dispute stating that the statement of money owed is not correct and giving detailed reasons.  O. Reg. 114/99, r. 30 (6).

ARREARS ENFORCEABLE TO DATE OF HEARING

(7) At the default hearing, the court may decide and enforce the amount owing as of the date of the hearing.  O. Reg. 114/99, r. 30 (7).

CONDITIONAL IMPRISONMENT

(8) The court may make an order under clause 41 (10) (h) or (i) of the Family Responsibility and Support Arrears Enforcement Act, 1996, suspending the payor’s imprisonment on appropriate conditions.  O. Reg. 114/99, r. 30 (8); O. Reg. 76/06, s. 8 (1).

ISSUING WARRANT OF COMMITTAL

(9) If the recipient, on a motion with special service in accordance with subrule 6 (4) on the payor, states by affidavit (or by oral evidence, with the court’s permission) that the payor has not obeyed a condition that was imposed under subrule (8), the court may issue a warrant of committal against the payor, subject to subsection 41 (15) (power to change order) of the Family Responsibility and Support Arrears Enforcement Act, 1996.  O. Reg. 114/99, r. 30 (9); O. Reg. 76/06, s. 8 (2); O. Reg. 322/13, s. 18 (2).

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