Filing of financial statement with Director
11. (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 the Director may, by notice served on the payor together with the statement of arrears, require the payor to file in the Director’s office a financial statement in the form prescribed by the rules of the court and appear before the court to explain the default. 1991, c.5, s.10(1). Filing financial statement in court (2) When an obligation to pay money under a support order that is not filed in the Director’s office is in default, on the filing of a request, together with a statement of arrears in the form prescribed by the rules of the court, 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 in the form prescribed by the rules of the court and to appear before the court to explain the default. R.S.O. 1990, c.S.28, s.11(2); 1991, c.5, s.1(2). Arrest of payor (3) Where the payor fails to file the financial statement or to appear as the notice requires, the court may issue a warrant for the payor’s arrest for the purpose of bringing him or her before the court. R.S.O. 1990, c.S.28, s.11(3); 1991, c.5, s.1(2). Bail (4) Section 150 (interim release by justice of the peace) of the Provincial Offences Act applies with necessary modifications to an arrest under the warrant. R.S.O. 1990, c.S.28, s.11(4). Presumptions at hearing (5) 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 office of the Director. R.S.O. 1990, c.S.28, s.11(5); 1991, c.5, s.1(2). Powers of court (6) 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 payments as the court considers just, but an order for partial payment does not discharge 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, but an order under this clause does not affect the accruing of arrears; (d) provide security in such form as the court directs for the arrears and subsequent payment; (e) report periodically to the court, the Director or a person specified in the order; (f) 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; (g) be imprisoned continuously or intermittently for not more than ninety days unless the arrears are sooner paid; and (h) be imprisoned continuously or intermittently for not more than ninety days on default in any payment ordered under this subsection. R.S.O. 1990, c.S.28, s.11(6); 1991, c.5, ss.1(2), 10(2,3). Interim orders (6.1) The court may make an interim order against the payor that includes any order that may be made under subsection (6). 1991, c.5, s.10(4). Power to vary order (7) The court that made an order under subsection (6) may vary the order on motion if there is a material change in the payor’s circumstances. R.S.O. 1990, c.S.28, s.11(7); 1991, c.5, s.1(2). Imprisonment does not discharge arrears (8) Imprisonment of a payor under clause (6)(g) or (h) does not discharge arrears under an order. R.S.O. 1990, c.S.28, s.11(8); 1991, c.5, s.1(2). Realizing on security (9) An order for security under clause (6)(d) 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. R.S.O. 1990, c.S.28, s.11(9). Proof of service not necessary (10) Proof of service on the payor of a support order is not necessary for the purpose of a default hearing. R.S.O. 1990, c.S.28, s.11(10); 1991, c.5, s.1(2). Joinder of default and variation hearings (11) A default hearing under this section and a hearing on an application for variation of the support order in default may be held together or separately. Spouses compellable witnesses (12) Spouses are competent and compellable witnesses against each other on a default hearing. R.S.O. 1990, c.S.28, s.11(11,12).