Spousal Support: Committal for non-payment
The case of Ontario (Director, Family Responsibility Office) v. Van Westerop was one that saw the court rule on an application by the Family Responsibility Office to have the husband imprisoned for non-payment of spousal support.
In this case, the husband owed the full amount of $900,000 in spousal support. The husband had consented to an order that he was obliged to make these support payments, and he had many opportunities to comply with the order over the course of 13 years.
Because the husband was unable to prove his case, as was made in Ontario (Director, Family Responsibility Office) v. Buffan, that there was a material change in circumstances since he consented to the order, the Family Responsibility Office application for committal for non-payment of spousal support was granted. The Court of Appeal stated in its reasoning:
Recognizing that a statue gives the court the power to make a committal order as a term of a temporary order made in a default proceeding does not, of course, speak to the propriety of imposing that term in any given case. the FRSAEA and predecessor legislation dealing with the enforcement of default orders have always regarded imprisonment for non-payment of those orders as the enforcement mechanism of last resort. Something more than non-payment is required. The payer's conduct must demonstrate a wilful and deliberate disregard of the obligation to comply with court orders: see e.g. Allen v. Morrison (1987), 11 F.R.L. (3d) 225 (Ont. Div. Ct.), at para. 11, aff'g on this point Allen v. Morrison (1986), 4 R.F.L. (3d) 113 (Ont. Dist. Ct.); Ricafort v. Ricafort (2006), 35 R.F.L. (6th) 210 (Ont. C.J.), at para. 49; Ontario (Director, Family Responsibility Office) v. Belic (2006), 30 R.F.L. (6th) 127 (Ont. S.C.J.), at para. 29.
However, it is important to note that the husband’s incarceration did not negate his obligation to pay the arrears of $900,000 and future spousal support payments.
To learn more about spousal support obligations as well as the services provided by Krol & Krol, call 905.707.3370 today.
