overpayment and costs awarded, but ......

[Cheekee]

My ex-girlfriend collected CS from me, through the FRO , for just under 18 stressful, frustrating years .....In the meantime, I married my current wife, and we have two healthy , happy boys, ages 11 and 14.... Over those years, there were many arguments over visitation, and general jerking me about ..... I NEVER fell behind in my payments, and over the years , I increased my payments to keep up with the cost of living ...... I wrote cheques , and have the cancelled ones to prove..... A few months before my son's 18th birthday , we were served with court papers... My ex decided that the payments over the years weren't enough , so she was seeking retro-support..... She didn't bother to disclose the "extra" payments , which more than doubled the original agreement.... She denied collecting it, even though I had the cancelled cheques in my possession..... I hired a lawyer (her newest ex-husband's lawyer) and started putting together a defense of my own... During my own investigation, I learned that my ex didn't even live under the same roof as my son (he was living with his grandmother). Also, he had dropped out of high school at least 6 months earlier.... My lawyer suggested that we go after her for overpayment , and my mounting legal fees which were approaching $12,000 . I continued to pay my support through the FRO , to avoid falling into arrears.... Court case came , and her case against me was immediately tossed out. Support was to cease immediately and retroactively. I was awarded by the judge, court costs for $4000 (better than nothing) and overpayment of just over $2300 . These monies were to be collected by the FRO and given back to me with interest ..... That was over 5 years ago.... a few months after the court date, and hearing zero from the FRO , I called them to see what was going on ..... I was told by the FRO that " we don't do that" , and then " goodbye " .... I called the lawyer , and was told that we may have to back to court to collect.... and another retainer to her, etc , etc...... I have contacted my MPP, the Ombudsman , and a few Advice counsel people at the court...... Collection agents won't touch Family Court decisions..... My ex is self employed , and lives in her parents house ..... I saw another lawyer today...... I have found out the physical address of the FRO , and I am considering going there in person and threatening them with legal action , as in "contempt of a court order" ...... I just don't understand how the FRO views themselves as above the law , and not having to conform to a pretty straightforward court order, that took a long time , and a lot of money to obtain... I guess it's no secret that men are unfairly discriminated against in CS cases with the FRO involved
... I actually hand delivered a letter to my ex , explaining that we should act as adults and settle this money issue with civility and without need of further legal action...... She ignored that , and has made zero attempt to contact me..... Unfortunately , I have lost all contact with my son throughout this painful process..... that's the biggest loss in all of this.... Any attempts by me to contact him , have been ignored ...... What a sad sorry mess......... Any advice or help would be greatly appreciated

[beebie]

Call your local courthouse and ask how to enforce a judgment. In my province, you file a writ of execution and attach the Order.

You don't need a lawyer to do this.

You might also file a caveat on her house if she owns it (or this happen with the writ).

I think your lawyer should have explained this to you but you can do it yourself and people who get small claims judgments do this all the time.