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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 12-28-2013, 10:51 AM
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Default "Right" way to do this? (Family Wizard)

While negotiating towards a separation agreement and finalizing the divorce my lawyer and I requested my ex to sign up for "The FRO Solution" to help with our difficult communication. Neither the ex or his lawyer acknowledged the request.

Fast forward a year, divorced and finding this site I have been sending multiple email requests that we subscribe to The Family Wizard as it appears to cover a much larger scope than The FRO Solution. Again, never a response up to just very recently when there was an acknowledgement. I told him that I was tired of asking and would be proceeding with a subscription very shortly. He commented that it his lawyer never mentioned anything to him and that it appeared to be American with American pricing, questioned if it could be used in Canada. I responded that I have been requesting and it would be suitable for Canada. This was the last of the correspondence.

Would it be "appropriate" for me to go ahead and subscribe and tell him my contact info? Paying for his subscription is not an option for me and I do not want to spend any more money on lawyers.
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Old 12-28-2013, 11:29 AM
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if he wont pay for his part of it then isn't it a waste of money?
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Old 12-28-2013, 01:00 PM
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Originally Posted by smileandwalkaway View Post
While negotiating towards a separation agreement and finalizing the divorce my lawyer and I requested my ex to sign up for "The FRO Solution" to help with our difficult communication. Neither the ex or his lawyer acknowledged the request.
What is the "The FRO Solution"? If you are wanting to use the Family Responsibility Office for support payments I would really consider other options like electronic transfer of funds or checks. I would really recommend a withdraw from FRO if the other party has no issues paying child support to the children. FRO can make things for both parties a real nightmare. Although it is the "default" for paying support it really is not a well run organization and is the #1 complaint recipient from the Office of the Ontario Ombudsman.




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Originally Posted by smileandwalkaway View Post
Fast forward a year, divorced and finding this site I have been sending multiple email requests that we subscribe to The Family Wizard as it appears to cover a much larger scope than The FRO Solution.
Again... What is "The FRO Solution"?!

Our Family Wizard is not a support payment processing solution. It is a family communications platform. I think you have your wires crossed.

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Originally Posted by smileandwalkaway View Post
Again, never a response up to just very recently when there was an acknowledgement. I told him that I was tired of asking and would be proceeding with a subscription very shortly.
Asking for what? That the other parent pay their children's child support? Communicate with you? Or use a third party payment processing solution (e.g. FRO) to pay child support? Or to find a better communications platform to exchange **important** information regarding the children that is secure, robust, credible and operated in a model where the content of the platform can be used reliably before the court?

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Originally Posted by smileandwalkaway View Post
He commented that it his lawyer never mentioned anything to him and that it appeared to be American with American pricing, questioned if it could be used in Canada.
Used for what? To process child support payments. NO! But, to communicate... Yes. "Family Wizard" is cited in 22 cases in Canada which can easily be found on our public system for reporting case law to support this FACT.

The best of the 22 that I have seen is this one from the Honourable Mr. Justice Czutrin who is the bees knees of Family Law in Ontario.


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Originally Posted by smileandwalkaway View Post
I responded that I have been requesting and it would be suitable for Canada. This was the last of the correspondence.
For communicating YES. For paying support NO.

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Originally Posted by smileandwalkaway View Post
Would it be "appropriate" for me to go ahead and subscribe and tell him my contact info? Paying for his subscription is not an option for me and I do not want to spend any more money on lawyers.
Depends if losing 200$ matters much to you. You can gamble and state that you will only be communicating through this platform. That you will only respond on this platform and that you have pay for a complementary account for the other parent and they should follow the instructions sent by OFW to their email address. That you will be blocking their email from all of your accounts and subsequently will be doing so for any new email account they try to contact you from. That this communication platform is endorsed in case law (see above) and it takes the same internet connection to use the site as email requires.

Good Luck!
Tayken
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Old 12-28-2013, 07:05 PM
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FRO & Support Payment Issues // Solution to Your Support Payment and Family Responsibility Office (FRO) Problems< is what my lawyer recommended for my ex and I. SIX Document Delivery // Support Information Exchange is a link to the service. This was before learning about Family wizard.

I am not looking at this as a payment platform, to get CS payments. I have FRO for that. I get CS and S7s garnished off his pay as that is the only way I can realistically hope to get it. Even with FRO, there are arrears owing.

I'm looking at this for communication, as a means to streamline it, organizing our communication better than standard email which I currently use. The only communication I send his way his directly child-related and/or related to following the terms of our agreement (annual financial disclosure, co-ordination of benefits for the kids, etc). It would be a way to exchange documents, disclosure and any child-related information. It would be a way to know when/if a message is opened as I currently have no idea what he reads because he very rarely acknowledges anything. The notion of a date-stamp on things I think is great.

No, I don't think The Family Wizard (or others) will make all my problems go away, but I do think the recognized method of overseeing our mutual communication rights and responsibilities could help mitigate the situation or at least reveal patterns if heaven forbid we ever step inside a courtroom. I have been asking him to subscribe with me because our current communication is not good.

I suppose my bottom line question is: if I unilaterally subscribe to Family Wizard, provide him with the login info to access my submissions, will I look "bad" and "controlling"? I have a history (email) of repeated requests first for his opinion (never a response) then requesting that we subscribe, which has been met with only one response where he commented that it was American and listed American pricing. He has not officially communicated agreement or refusal to subscribe.
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Old 12-28-2013, 07:58 PM
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I think your ex likely doesn't want to have anything to do with you.

You could spent all sorts of money and time and send him the program and he doesn't have to use it.

Your kids are old enough to initiate and maintain contact with their father if they so choose. That is, assuming you have encouraged them to keep in regular touch with their father (email, skype or whatever).

I could see you pushing for this if your kids were toddlers and you were at each other's throats about pickup/dropoff. Sounds as though you have sole custody and ex doesn't see kids much.

I'd just leave it alone. He has likely decided to give you a wide berth.
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Old 12-28-2013, 08:10 PM
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Yeah, very good points Arabian. I suppose I should suck it up that ex chooses not to involve himself with the kids affairs and let the annual disclosure of NOAs etc. go as not vital.... It is just money. The kids have as much contact with their father as they want (they are with him currently). It is nice that my kids are getting older (although the youngest will likely be dependant for life) and I have stopped sending a lot of the miscellaneous updates regarding the kids to the ex as he showed no evidence of interest. It has turned into my issue.. Thanks :-).

Last edited by smileandwalkaway; 12-28-2013 at 08:13 PM. Reason: Added more
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Old 12-28-2013, 08:46 PM
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I believe FRO would enforce providing annual NOA's - do they not have an annual recalculation program in place? If he stops sending in information you can have his income imputed then the onus is on him to scramble around every year to prove he DIDN'T make the sort of money he was imputed.

It is good the kids see their father. I guess when one has sole custody sole decision making becomes the norm. Can't be easy. However, some people I know say they are pleased the ex isn't involved as they have no one to argue over the kids with.
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Old 12-28-2013, 09:40 PM
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I should ask FRO about that... I have no idea. Yes, I can totally appreciate the viewpoint of those people. In many ways I relate.
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Old 12-28-2013, 10:24 PM
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Keep in mind that FRO is there to enforce a pre-existing court order. If you want income imputed you have to go to court to have the court order changed.

I know MEP (Alberta) has a annual recalculation program for child support.
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Old 12-28-2013, 11:56 PM
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Quote:
Originally Posted by arabian View Post
I believe FRO would enforce providing annual NOA's .
No, the FRO enforces support payments according to court orders, or registered separation agreements. The FRO cannot change an order or the amount of support.

Some court orders or agreements may have an automatic cost of living increase built in. The FRO should recognize this, however this sort of thing can be messed up by FRO.

Ontario law requires financial disclosure by the payor on the anniversary of the agreement/order. It also requires that the disclosure be made within 30 days of a request, if there is some reason why it can't wait until the anniversary. If the disclosure is not made, the payee can file a motion to require disclosure, and seek costs.
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