CHILD SUPPORT REGISTRAR & STEWART

This matter concerned an application by the Child Support Registrar against Mr. Stewart regarding significant arrears of child support. Mr. Stewart failed to appear at the hearing and did not file a response or affidavit. The court was therefore required to determine the extent of the child support debt and the appropriate orders for its recovery.

The primary legal issue before Judge Scarlett was the enforcement of child support arrears and the imposition of late payment penalties. The court also considered an application for costs. The court's reasoning focused on the undisputed child support debt and the need to ensure its payment. Given the respondent's failure to appear or provide any defence, the court proceeded to make orders based on the evidence presented by the applicant.

The court ordered Mr. Stewart to pay the declared child support debt of $69,193.99. In addition, the court ordered Mr. Stewart to pay the applicant's costs fixed at $6,073.08. The total debt of $75,267.07 was to be paid by way of monthly instalments of $1,000.00 for six months, with the balance due within 30 days of the final instalment. To secure this debt, the court imposed charges over Mr. Stewart's interests in specified real and personal properties and restrained him from dealing with these assets without the applicant's consent. Default in payment or breach of the restraint provisions would render the total debt immediately due and payable, with the applicant at liberty to pursue enforcement under the Federal Circuit Court Rules.