I haven’t paid spousal support. How do I get a refraining order?
Question & AnswerI haven’t paid spousal support. How do I get a refraining order?
5. Go to your court hearing
The day's list of cases is usually posted on a board near the entrance to the court or outside the courtroom. If you have trouble finding it, ask at the court counter.
Make sure you bring copies of all of the documents you filed with the court.
Before you see the judge, you should talk to if they are available in your court location. These are lawyers in family court that can give you some legal advice and help the day you're in court if your income is low enough.
You should also talk with the lawyer from the (FRO). They will call your name in the waiting room. You may be able to make a voluntary payment plan where you agree to a payment schedule you can afford.
The FRO usually requires that your payment plan include your monthly support payments plus an additional amount toward the support owing. The FRO cannot agree to change the amount of support.
If you and the FRO lawyer agree on payment terms, you can get a refraining order on consent. This means you both agree to the order. If you do not reach an agreement, the judge decides.
The judge will have all the documents you filed. The judge may have questions for you, so be prepared to speak in the courtroom. You should stand up when speaking to a judge. Remove your hat and don't chew gum when you're in court. And turn off your cellphone.
If you're successful and the judge gives you a refraining order, you must start a motion to change your support order within 20 days. A is the only way to change the terms of the support agreement or order.
If you don't do this, the FRO can ask the Registrar of Motor Vehicles to suspend your driver's licence.
The judge may also make other orders, like asking you to:
- Provide financial information to the FRO.
- Make ongoing payments of .
- Make payments on the arrears, that is, the support payments owing.