When will a court order security to prevent a payor from making maintenance payments?

British Columbia, Canada


The following excerpt is from R.R.H. v. B.K., 2011 BCSC 948 (CanLII):

For example, in Braich v. Braich, [1997] B.C.J. No. 1764 (B.C.S.C.), the court was not satisfied that the father had put his obligations to pay maintenance first in his financial priorities and ordered security to ensure timely payment. The father had dissipated his considerable assets and had claimed he was bankrupt. He had stopped making maintenance payments, alleging that he did not have the financial ability to do so. The judge was satisfied that notwithstanding that his present income may not have allowed him to pay maintenance, his future income would, and he had the means or financial ability to meet his obligations. In Griffiths v. Griffiths, 2006 BCSC 1077, security was ordered until the court was able to review the matter, as there was uncertainty about the income that was available to the payor.

Other Questions


In what circumstances will the court order that a payor's share of family property be held in trust as security for the payment of ongoing support? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
What are the principles used by the Court of Appeal in making an order to refer the issue to the Superior Court of Justice? (British Columbia, Canada)
Can a court make an interim order to vary a custody order? (British Columbia, Canada)
In what circumstances will the Supreme Court order that an order be made by the Court of Appeal be made in special circumstances? (British Columbia, Canada)
What is the test for contempt of a court order for payment of an order for contempt? (British Columbia, Canada)
What is the jurisdiction of this court to make an order in an application in court? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
Does the court have jurisdiction or residual discretion to prevent misuse of the court’s procedure? (British Columbia, Canada)
Does a blameworthy conduct of the payor in calculating income for the purposes of retroactive maintenance be considered a bar to a retroactive order? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.