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Old 09-13-2017, 09:53 AM
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Rioe Rioe is offline
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The problem is that he got into arrears on his CS. How did he let this happen? It sounds like he had a pretty low income the last few years. Did he not have his CS adjusted downwards to match his income? Did he have a higher income imputed to him, maybe because he was considered voluntarily underemployed, or because you were supporting him? His CS is supposed to be whatever the court order or separation agreement says it is, so that's easy to look up. It is also supposed to be adjusted annually as income fluctuates. Has he done that at all? Building up $7k to $8k arrears on a $15k income sounds like he's been ignoring things for years.

FRO is simply taking his normal CS, based on the most recent court order or agreement they received, and trying to take extra to recoup the arrears. Nobody wants the arrears to linger any longer than necessary, least of all his children, who may be going without because of this.

I haven't dealt with FRO personally, but from what I've observed on here, 50% is the maximum they can take from any paycheck. The normal CS plus the arrears payment will never be more than 50% of his income. So their 'threat' is probably just them telling him what the worst case scenario will be. But he still has the option of working out a more reasonable payment plan for himself before that happens. You say he's paying around 25% of his commission already, but is that only covering the basic CS, or is any significant amount going to arrears? At the present rate, what is the anticipated date of him paying off the arrears? Is it reasonably achievable, or ridiculous? Does he pay more towards arrears when he has a higher commission come in to try to reduce that?

It sounds like half his problem is that he's chosen a field with lots of expenses and poor income potential. That's simply not a responsible thing to do when you have children to support, and he's feeling the bite of it now.

And he should definitely start taking this seriously, because FRO CAN take aggressive actions, including seizing his passport, and suspending his driver's licence, which sounds like it would just kill his income.

I don't know anything about FRO and liens on houses but here's the major difference between common-law and marriage.

In common-law, two people are in a living arrangement partnership, but not necessarily a financial partnership. Though they share expenses, their income, debts and assets remain separately owned.

In marriage, the two people have become one financial entity. Your income and his are both going to the marriage, and the marriage 'owns' the property and covers the expenses. Assets and debts from before marriage stay separate, but anything afterwards is joint. The exception is the home, which magically becomes joint property upon marriage, even if it remains in only one person's name.

I'm also going to get all judgy mcjudgeface here, and say I don't think much of this guy. He doesn't pay his CS and moved away from his children? I'd be cautious that his lack of responsibility in that area will also manifest in other areas that may affect you. Something to consider when approaching a partnership with him that may include marriage. Your thoughts shouldn't necessarily be 'can FRO take my house?' but 'is this guy safe to own a house with?'

Last edited by Rioe; 09-13-2017 at 09:56 AM.
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