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

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  #21 (permalink)  
Old 11-25-2013, 08:27 PM
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Garnishment extends to accounts payable (money paid to contractors or companies and their employees) and so on.

Maintenance enforcement programs have lots of power and authority. Challenge is getting a good collection officer on your case.
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Old 11-25-2013, 08:28 PM
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I was wondering the same thing. In my ex's case, his company is just him, working under a company's name. It's bogus. He's been employed doing the same thing within the same company for three years. Only difference is, they pay his "company" rather than to him, personally.

The Ombudsman is a good idea. I've already been in contact with them once before when FRO was screwing around, and they were right on top of it. I've also been in touch with them regarding the uselessness of CAS, to go on record when they're finally able to oversee them. They're really helpful.
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Old 11-25-2013, 08:29 PM
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Berner Faith - if you provide FRO/MEP with a list of the companies they work for you can be sure that they do, in fact, contact each and every person on the list. When you are on the 'deadbeat' list you get special treatment.
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Old 11-25-2013, 08:34 PM
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That is interesting... I understood how it worked for people who were employed by a company, but I guess the tricky thing is, what if they don't work for a company? Like a general contractor? Or even if they do work for a company, how obligated is the company to garnish wages, because they are not actually paying wages, they are paying a bill... I have just never heard of a company or person garnishing a contractors bill.

OP- I hope you can find some satisfaction really soon.
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Old 11-25-2013, 08:44 PM
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Thanks so much for all the help and the well wishes. My lawyer wanted to write to the employer after he does my affidavit for the uncontested trial. I'm sure he has a reason for this, as he's always been right. I really lucked out with my lawyer. He's primarily a criminal defense attorney, and he says my ex is the nastiest person he's ever dealt with, if that's any indication. I'm just thankful I got my kids and myself out from under his roof. That's the most important thing.

In the meantime, I'm going to contact FRO and ask why they aren't enforcing the deduction notice.
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Old 11-25-2013, 09:04 PM
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BF - if a company is served with a notice to garnishee wages they MUST garnishee or risk being responsible for fines and the total amount of the debt, not just the 40% or whatever it is being garnished.

My ex has always been self employed, with his own company, and his "contractor" pay is indeed garnished. He can call himself whatever he wants to, doesn't matter. He provides a service and gets paid for it. That's good enough for MEP.

Another good thing for FRO to know is if the deadbeat is a member of a trade union. They love that - easy pickings.

There are many types of deduction notices. If you can't find anything explaining the different types on a FRO website to to the Alberta MEP online website. Lots of information on collection actions and I believe most of the maintenance enforcement agencies are the same insofar as collection.

Something else to look into is the difference between the FRO Act and their Operation Policies. If you can get a copy of that I would be very interested in a copy. I've been trying to get one for Alberta but it seems to be a very closely guarded internal document.
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Old 11-25-2013, 09:07 PM
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I'll see if my lawyer can find any information. If so, I'll pass it along to you, arabian
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Old 11-25-2013, 09:26 PM
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Family Responsibility and Support Arrears Enforcement Act, 1996, S.O. 1996, c. 31

Working on finding operational policies.
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Old 11-25-2013, 09:27 PM
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KMF - I haven't read through all the posts, so I'm sorry if I'm repeating info here.

In Canada you can be self employed. However, you cannot be self-employed and work under contract for one employer exclusively.

There are guidelines for self-employment and the tax benefits it holds specifically because of situations like this.

While there are few variances, the basic rule of thumb to whether a person is self-employed or an actual employee are:

1. Do they use their own tools and/or equipment? If you're using equipment that belongs to the business, you are not self-employed. You are an employee.
2. Do they work for another organization? You can not be self employed working for exclusively one organization. That's employment.
3. Are they actively seeking other contract opportunities? Again, you can't work for one place and claim to be self-employed.

Aside from avoiding supports, people are avoiding taxes, EI, and direct CPP contributions.

A document, similar to a T4 is issued by the company to contractors like your husband annually. A copy is sent to CRA, just like T4s.
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Old 11-25-2013, 10:03 PM
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MSMom - you are correct insofar as it applying to CRA. However, many people are self-employed and contract themselves to one employer as an owner-operator. Taxi drivers and truckers are just one example. Some categories even have collective agreements. They pay their own taxes and are not considered employees. This category does indeed get garnished from FRO/MEP. I think they closed that loophole some years back as everyone was becoming a "contractor."

What is important in collection of support arrears is the wording of the order and the individual policies of the maintenance enforcement act.

Most maintenance enforcement agencies don't even want to admit there are policy manuals which specify things. They are closely-guarded as far as I know and may even be referred to as "training manuals." I would dearly love to see one because I know they exist.
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