Question

The Wildmans were married in 1993 and the husband owned a successful high-end landscaping business generating an income for Mr. Wildman of $700 000 per year. The wife did not work. The marriage broke down and the husband was ordered to pay child support and spousal support. At the time of this the action in 2006, these payments were over $500 000 in arrears.

Assuming the husband is unable or unwilling to pay, what options are available to the court?

Indicate the arguments supporting and opposing such options and the likely outcome.

What difference does it make if the landscaping business is a corporation?

Answer 1

Under such scenario following options are available to the court:

a. Third-party debt order: In this case, the payment will be made from the bank account of a husband to the divorced wife

b. charging order: The amount due will be recovered from the property attachment which is in the name of the husband.

c. Attachment of earning order: Any earning by the husband can be transferred directly into the divorced wife.

If the landscaping business is a corporation then the liability will be limited to the earning what his husband makes as a manager in a company or through any other source. Therefore the maintenance and support cost will not be determined by the full earning of the company.