Spousal Support Letter - Template, Sample Form Online Pro · EN-CA-law

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Date: ________

DELIVERED BY: ________

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RE: Demand for Payment of Arrears of Spousal Support
Court File No.: ________
Payor: ________   Recipient: ________

Dear ________:

We are the solicitors for ________ (the “Recipient”), in respect of the spousal support obligations owing to her/him by you (the “Payor”). This letter is written without prejudice to the Recipient's rights and remedies, all of which are expressly reserved.

§ 1.  The Support Obligation

Your obligation to pay spousal support is governed by the ________ dated ________ (the “Order/Agreement”), made or entered into in the Province of ________. Spousal support obligations of this kind are enforceable pursuant to the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) where applicable, and the applicable provincial family law and support enforcement legislation, including ________.

§ 2.  Amount Payable

Under the terms of the Order/Agreement, you are required to pay spousal support to the Recipient in the amount of:

________ Dollars ($________) per ________, payable on ________.

§ 3.  Arrears Outstanding

As of the date of this letter, you have failed to make the support payments required under the Order/Agreement. Spousal support payments in the total amount of ________ Dollars ($________) are now past due and owing (the “Arrears”). The Arrears comprise the unpaid instalments for the period from ________ to ________, together with any interest accruing thereon at the rate prescribed by law.

§ 4.  Demand for Payment

We hereby make formal demand that you pay the full amount of the Arrears, being $________, by way of ________ payable to ________, on or before ________. You must also remain current with all future support instalments as they fall due under the Order/Agreement.

§ 5.  Consequences of Non-Payment

If the Arrears are not paid in full, or satisfactory arrangements acceptable to the Recipient are not made, on or before ________, we are instructed to take all steps available at law to enforce your support obligations without further notice to you. Such steps may include, without limitation:

1. filing the Order/Agreement with the provincial maintenance/support enforcement program, namely ________, for collection and enforcement;
2. garnishment of wages, bank accounts and other income sources;
3. registration of a charge or lien against your real and personal property;
4. suspension of your driver's licence and/or federal licences and passport pursuant to applicable enforcement legislation;
5. commencement of contempt or default proceedings before the court; and
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§ 6.  Opportunity to Respond

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§ 7.  Governing Law

This matter is governed by the laws of the Province of ________ and the laws of Canada applicable therein.

Govern yourself accordingly.

Yours truly,

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Solicitor for the Recipient, ________