How to Collect a Family Court Costs Order from Your Ex in Alberta

You went to court, you were awarded costs, and your ex has not paid. That is frustrating, especially when the costs were meant to make up part of what the case cost you. The first step is to understand exactly what the order says and whether an amount has been set.

This article explains how costs awards work under the Alberta Rules of Court and what to check before you try to collect. The specific tools for forcing payment depend on your situation, so a lawyer can confirm which ones fit your case.

This article covers the law of Alberta.

What a costs award is and when it is payable

Under the Alberta Rules of Court, a successful party to an application, a proceeding or an action is entitled to a costs award against the unsuccessful party. The unsuccessful party must pay it "forthwith", even before the matter is finally decided.

That entitlement is not automatic in family cases. It is subject to the Court's general discretion under r 10.31, the assessment officer's discretion under r 10.41, any specific rule or enactment on who pays costs, and r 10.29(2). Under r 10.29(2), if a matter is heard without notice to a party, the Court may make a costs award immediately or put off deciding who pays until every party has been told the date, time and place for that decision.

The Alberta Rules of Court apply whether a person is self-represented or has a lawyer. So the rules below apply to you either way.

Read the order: is an amount fixed?

Collecting is much simpler when the order or settlement states a dollar amount. Costs can also be ordered in other forms, so read the wording closely.

• The Court may order reasonable and proper costs, or any amount it considers appropriate, which can include a lump sum instead of or in addition to assessed costs.
• Reasonable and proper costs can be all or part of the costs, a multiple, proportion or fraction of a Schedule C amount, costs on a particular issue or application, or a percentage of assessed costs.
• A settlement can include one party agreeing to pay costs without the amount being fixed.
• If a without-notice application was heard, the Court may make a costs award immediately or put off deciding until every party has been told the date, time and place for that decision.

If you are unsure what your order means, ask the court registry or a lawyer to help you read it before you take any step.

When the amount still has to be assessed

If no costs award or assessment order was made when the matter was decided, either party may ask an assessment officer for an assessment appointment date. The Court can also order an assessment by an assessment officer.

A party entitled to costs who wants or must have them assessed prepares a bill of costs in Form 44. It itemizes fees, disbursements and other charges and is signed by the person who prepared it.

Some items may not be recoverable. Unless the Court orders otherwise, reasonable and proper costs exclude the costs of certain dispute resolution processes (unless there was serious misconduct) and expert fees for investigations or for assisting at a trial or streamlined trial.

If you represented yourself, you are not automatically entitled to fee costs. The Court may in appropriate circumstances order a payment equal to all or part of the fees specified in Schedule C.

Set-off, and costs against a lawyer

Before you chase payment, check whether your ex was also awarded costs in the same matter. Where the party ordered to pay is also owed costs, the Court may net the amounts by deduction or set-off. That can reduce what is actually owed to you.

In rare cases the person who pays is not the client. If a party's lawyer engages in serious misconduct, the Court may order the lawyer, rather than the client, to pay a costs award to a person named in the order.

The factors the Court weighs, such as each party's success and conduct that lengthened the case, go to whether and how much costs are awarded. They matter when the order is made, so if you disagree with an order, get advice about your options promptly.

What to do next

• Find the order or settlement and note whether an amount is fixed or whether an assessment is still needed.
• If an assessment is needed, ask an assessment officer for an appointment date and prepare a bill of costs in Form 44.
• Check whether your ex was also awarded costs that may be set off against yours.
• Keep records of what has been paid and what has not, including dates and messages.
• Get advice from a lawyer about the enforcement tools that fit your situation.

If you do not have a lawyer, the Court and Justice Services Contact Centre offers help with court forms and filing at 1.855.738.4747. Family court counsellors also help self-represented people prepare for court and explore options.

Frequently asked questions