Sentences with phrase «equalization payment order»

This was a motion for security for costs of the appeal, on the grounds that the wife's appeal of a spousal support and equalization payment order was frivolous and vexatious and that the wife had insufficient assets in Ontario to pay the costs of the appeal.

Not exact matches

Answer: Yes, if your ex-husband is obligated to make an equalization payment that has been ordered prior to...

Zavarella v. Zavarella 2013 ONCA 720 Family Law — Husband and wife — Marital property — Distribution orders — Equalization payments About two weeks before she was married, a future wife, with debts of $ 49,838.70, made an assignment into bankruptcy.

• Whether, if the lump - sum award is ordered, the recipient spouse is unlikely to receive any equalization payment or child support payments to which she is entitled.

The appellant husband argued that (1) the trial judge erred in how he ordered the equalization payment to be paid; and (2) this error led the trial judge to make a further error with respect to his costs award, as it resulted in the trial judge failing to properly assess the reasonableness of the appellant husband's offers to settle.

With respect to (4) and (5), the ONCA set aside the motion judge's lump sum spousal support order, without prejudice to the mother's right to bring another motion for lump sum support, noting that the motions judge's analysis on this issue was lacking and that his approach supported the conclusion that the underlying purpose of his lump sum spousal support award was merely to convert the mother's unpaid equalization payment into lump sum spousal support following the father's bankruptcy.

The effect of this order was that the husband would be self - funding half of his equalization payment (because he was otherwise entitled to half of the proceeds of sale of the matrimonial home).

In light of this and other developments, the wife applied to a motions judge for an order that his ongoing child and spousal support obligations be converted to a lump - sum amount in the same amount as the equalization payment would have been, i.e. $ 50,000.

Note that this outcome pertains to unpaid equalization payments only, which readers will know is the amount that spouses must pay to each other in order to equalize their respective Net Family Property as part of their division of assets.

If one separated or divorced spouse is obliged, by agreement or court order, to pay the other spouse an equalization payment, there are various enforcement mechanisms that can be brought into play if he or she does not do so.

The important thing to know is that spousal support can and may be ordered, in addition to child support and the equalization payment.

The court of first instance ordered the husband to pay an equalization payment.

Counsel should keep this case in mind for clients who seek to appeal final orders where a single payment from a spouse, i.e., an equalization payment is not more than $ 50,000 or the periodic payments awarded do not amount to more than $ 50,000 (exclusive of costs) in the 12 months commencing on the date of the first payment.

By fashioning the equalization payment / compensation order into a maintenance order, the Court in Darby was able to shape a bankruptcy - proof order.

Likewise, if the Court makes an equalization order or judgment directing payment, if there are no assets within Alberta to execute against, what is the next step for the creditor?