41 (1) When a support order that is filed in the Director’s office is in default, the Director may prepare a statement of the arrears and, by notice served on the payor together with the statement of arrears, may require the payor to deliver to the Director a financial statement and such proof of income as may be required by the regulations and to appear before the court to explain the default.  2005, c. 16, s. 24. Same (2) When a support order that is not filed in the Director’s office is in default, the recipient may file a request with the court, together with a statement of arrears, and, on such filing, the clerk of the court shall, by notice served on the payor together with the statement of arrears, require the payor to file a financial statement and appear before the court to explain the default.  2005, c. 16, s. 24. Persons financially connected to payor (3) The Director or the recipient may, at any time during a default hearing under subsection (1) or (2), request that the court make an order under subsection (4) or (5) or both.  2005, c. 16, s. 24. Financial statement (4) The court may, by order, require a person to file a financial statement and any other relevant documents with the court if the court is satisfied that the person is financially connected to the payor.  2005, c. 16, s. 24. Adding party (5) The court may, by order, add a person as a party to the hearing if the court, (a) has made or could make an order under subsection (4); and (b) is satisfied on considering all the circumstances, including the purpose and effect of the dealings between the person and the payor and their benefit or expected benefit to the payor, that there is some evidence that the person has sheltered assets or income of the payor such that enforcement of the support order against the payor may be frustrated.  2005, c. 16, s. 24. Form of statements (6) A financial statement and statement of arrears required by subsection (2) shall be in the form prescribed by the rules of the court and a financial statement required by subsection (1) or (4) shall be in the form prescribed by the regulations.  2005, c. 16, s. 24. Arrest of payor (7) If the payor fails to file the financial statement or to appear as the notice under subsection (1) or (2) requires, the court may issue a warrant for the payor’s arrest for the purpose of bringing him or her before the court.  2005, c. 16, s. 24. Bail (8) Section 150 (interim release by justice of the peace) of the Provincial Offences Act applies with necessary modifications to an arrest under the warrant.  2005, c. 16, s. 24. Presumptions at hearing (9) At the default hearing, unless the contrary is shown, the payor shall be presumed to have the ability to pay the arrears and to make subsequent payments under the order, and the statement of arrears prepared and served by the Director shall be presumed to be correct as to arrears accruing while the order is filed in the Director’s office.  2005, c. 16, s. 24. Powers of court (10) The court may, unless it is satisfied that the payor is unable for valid reasons to pay the arrears or to make subsequent payments under the order, order that the payor, (a) pay all or part of the arrears by such periodic or lump sum payments as the court considers just, but an order for partial payment does not rescind any unpaid arrears; (b) discharge the arrears in full by a specified date; (c) comply with the order to the extent of the payor’s ability to pay; (d) make a motion to change the support order; (e) provide security in such form as the court directs for the arrears and subsequent payment; (f) report periodically to the court, the Director or a person specified in the order; (g) provide to the court, the Director or a person specified in the order particulars of any future change of address or employment as soon as they occur; (h) be imprisoned continuously or intermittently until the period specified in the order, which shall not be more than 180 days, has expired, or until the arrears are paid, whichever is sooner; and (i) on default in any payment ordered under this subsection, be imprisoned continuously or intermittently until the period specified in the order, which shall not be more than 180 days, has expired, or until the payment is made, whichever is sooner.  2005, c. 16, s. 24; 2014, c. 7, Sched. 10, s. 11 (1). No effect on accruing of arrears or other means of enforcement (11) An order under subsection (10) does not affect the accruing of arrears, nor does it limit or otherwise affect any other means of enforcing the support order.  2005, c. 16, s. 24; 2014, c. 7, Sched. 10, s. 11 (2). Order against person financially connected to payor (12) If the court is satisfied that a person who was made a party to the hearing under subsection (5) sheltered assets or income of the payor such that enforcement of the support order against the payor has been frustrated, the court may, having regard to all the circumstances, including the purpose and effect of the dealings and the benefit or expected benefit therefrom to the payor, make any order against the person that it may make against the payor under clauses (10) (a), (b), (c), (e), (f) and (g) and subsection (19), to the extent of the value of the sheltered assets or income and, for the purpose, in clause (10) (c), “payor’s” shall be read as “person’s”.  2005, c. 16, s. 24. Same (13) Subsections (7) and (8) apply with necessary modifications to a person with respect to whom an order is made under subsection (4) or (5).  2005, c. 16, s. 24. Temporary orders (14) The court may make a temporary order against the payor, or a person who was made a party to the hearing under subsection (5), that includes any order that may be made under subsection (10) or (12), as the case may be.  2005, c. 16, s. 24. Power to change order (15) The court that made an order under subsection (10) or (12) may change the order on motion if there is a material change in the payor’s or other person’s circumstances, as the case may be.  2005, c. 16, s. 24. Enforcement of order (16) The Director may enforce an order against a person made under subsection (12), (14) or (15) in the same manner as he or she may enforce an order against the payor.  2005, c. 16, s. 24. Imprisonment does not discharge arrears (17) Imprisonment of a payor under clause (10) (h) or (i) does not discharge arrears under an order.  2005, c. 16, s. 24. No early release (18) Section 28 of the Ministry of Correctional Services Act does not apply to the imprisonment of a payor under clause (10) (h) or (i).  2005, c. 16, s. 24. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 41 (18) of the Act is amended by striking out “Section 28 of the Ministry of Correctional Services Act” at the beginning and substituting “For greater certainty, section 102 of the Correctional Services and Reintegration Act, 2018”. (See: 2018, c. 6, Sched. 3, s. 9) Realizing on security (19) An order for security under clause (10) (e) or a subsequent order of the court may provide for the realization of the security by seizure, sale or other means, as the court directs.  2005, c. 16, s. 24. Proof of service not necessary (20) Proof of service of a support order or a changed support order is not necessary for the purpose of a default hearing.  2005, c. 16, s. 24. Joinder of default and change hearings (21) A default hearing under this section and a hearing on a motion to change the support order may be held together or separately.  2005, c. 16, s. 24. Effect of change on default hearing (22) If an order changing a support order is made while a default hearing under this section in relation to the support order is under way, (a) the default hearing continues; (b) it is not necessary to serve fresh documents under subsection (1) or (2); and (c) the payment terms of the changed support order shall be incorporated into any subsequent order made under subsection (10).  2005, c. 16, s. 24. Spouses compellable witnesses (23) Spouses are competent and compellable witnesses against each other on a default hearing.  2005, c. 16, s. 24. Records sealed (24) A financial statement or other document filed under subsection (4) shall be sealed in the court file and shall not be disclosed except as permitted by the order or a subsequent order or as necessary to enforce an order made under subsection (12) or (14) against a person other than the payor.  2005, c. 16, s. 24. Definition (25) In this section, “court” means the Ontario Court of Justice or the Family Court.  2005, c. 16, s. 24. Section Amendments with date in force (d/m/y) 2005, c. 16, s. 24 - 13/06/2005 2014, c. 7, Sched. 10, s. 11 (1, 2) - 24/07/2014 2018, c. 6, Sched. 3, s. 9 - not in force