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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 07-31-2017, 04:18 PM
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Default Terminating support

Got a question about terminating paying support or reversing it. I currently pay child and spousal support. 50/50 custody. Oldest of 2 children is over 18 and not attending post secondary in the fall because he didn't get in...yet(so is still considered a benefactor of support?...hopefully will get in next year). Younger is still under age. Lost my job a year ago and severance is now used up and I'm on EI. What are the chances that support can be terminated or reversed as she is making more now. I have been looking in the field I worked, but doubt I will find something in it as I don't have the credentials for the job I did and am also an older worker. What's the procedure to go about terminating support payments? Apply in court(how?) and send notification to FRO?

Thanks for any advice.
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Old 07-31-2017, 05:24 PM
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If you are with FRO and she doesnt agree then you need to file a motion to change which will be for your updated income and child status. Spousal will be different though. You may want to speak to a lawyer. If you have no income then you may qualify for legal aid.
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Old 07-31-2017, 07:27 PM
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How old is older?
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Old 08-01-2017, 07:21 PM
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She won't agree to anything. She went to FRO cause she didn't want to receive cheques. Filing a motion is what might have to be done. Lawyer is gonna be costly if previous circumstances are any indicator, so maybe legal aid. Check at the local Family Courthouse? Went thru lawyers before, so need to learn DIY now.

Over 50.
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Old 08-02-2017, 06:31 PM
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If your situation is temporary (hope you find work) it sometimes is beneficial to be going through a maintenance enforcement agency (FRO) as you can set up a temporary payment arrangement, based on your current financial situation. You usually have to complete a fairly detailed financial statement and have it sworn (you can do this at your local courthouse). You then make arrangements for reduced support and a plan for making up arrears. You will definitely have to get a motion to change for any permanent reduction but going through FRO might give you some breathing room until your situation improves. Also, going through FRO removes any necessity of you dealing directly with your ex which can be a blessing.
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Old 08-02-2017, 06:52 PM
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Quote:
Originally Posted by arabian View Post
If your situation is temporary (hope you find work) it sometimes is beneficial to be going through a maintenance enforcement agency (FRO) as you can set up a temporary payment arrangement, based on your current financial situation. You usually have to complete a fairly detailed financial statement and have it sworn (you can do this at your local courthouse). You then make arrangements for reduced support and a plan for making up arrears. You will definitely have to get a motion to change for any permanent reduction but going through FRO might give you some breathing room until your situation improves. Also, going through FRO removes any necessity of you dealing directly with your ex which can be a blessing.


FRO doesnt work this way which is why there are so many complaints. They *may* work out a repayment plan for arrears but not for changes in support. They say it right on their page and on their messages. They cannot change an order they receive, they can only collect what is in the order on file. If you want a change you have to get a new order or sign an amended agreement with your ex.
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Old 08-02-2017, 07:42 PM
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Interesting. In Alberta, MEP specifically tells people if they are going to miss a payment etc. to contact them and they will make temporary arrangements. In some cases they expect the individual to prove that they have started the court process to have support changed. It wouldn't hurt to find out for sure.

I just checked a FRO website and this is what it says:

If you are having trouble paying support or fall behind on payments, you should contact us as soon as possible at 416-326-1817 or Toll free at 1-800-267-4330 to work out a voluntary arrears payment plan. Otherwise, we may take enforcement action to recover the money owed. Learn more about enforcement actions

Last edited by arabian; 08-02-2017 at 07:44 PM.
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Old 08-02-2017, 07:56 PM
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Ya FRO wants to be like MEP but they fail. Miserably.

Case in point, my partner called them in May to get set up for an online account. They sent out the account id first. Seven days later they sent out the account password. The userid didnt work so he had to call again. After a week of calling he finally got through to his caseworker to get a new id. Its been two weeks and counting waiting for that to come in. They have no IT desk, no help line, nothing. You have to wait to get through to the caseworker. Hes also got a call in to the ombudsperson about this two and a half month delay getting set up online.

FRO talks a big game but they are slow moving and limited resources. The second highest amount of complaints to the ombuds office three years in a row. What are the complaints? Parents who pay having problems getting help from FRO.
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