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Default Hearings
Support default hearings are court proceedings that take place when a person who is required to pay child or spousal support fails to make the required payments. These hearings are held to determine whether the person is in default, and if so, what actions should be taken to enforce the support order.
Support default hearings are governed by the Family Responsibility and Support Arrears Enforcement Act, 1996, which sets out the rules and procedures for these proceedings. The Act is designed to ensure that support payments are made on time and in full, and to protect the rights and interests of both payors and recipients of support.
During a support default hearing, the person who is alleged to be in default (the payor) has the opportunity to respond to the allegations and to provide any evidence or arguments that they may have. The court will consider this evidence and arguments, as well as any evidence and arguments presented by the recipient of support, before making a decision.
If the court finds that the payor is in default, it may take a number of actions to enforce the support order. These can include garnishing wages, seizing income tax refunds, suspending driver’s licenses and passports, and registering the support order with credit bureaus.
Overall, support default hearings are an important part of the legal system in Ontario. They provide a mechanism for ensuring that support payments are made on time and in full, and help to protect the rights and interests of both payors and recipients of support.
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