The ex is in persistent arrears for CS since March 2012 of $XX 000. Final Order in place since 2009. No SS.
Ex has voluntarily left all employment but still has the ability to pay.
FRO has said they have completed all enforcement actions available as of August 6/13
-Driver License suspension
-Passport Suspension
-Federal garnishment
-Writ & seizure
The FRO has added $400 to his arrears to start the default hearing process on Dec 23/13. I have been calling to find out the date of the hearing. The FRO agent says no date has been scheduled by the court yet.
I have asked the payee for financial disclosure 3 times for 2012 as our order says to exchange by July each year. No response is ever received. I have provided mine to him.
I have read 2 different statements on these forums, Canlii and other places:
1)It is my (the payee)responsibility to initiate the court process otherwise the arrears may be considered a winfall after too much time has passed and wipe out the arrears owed.
2)I have no ability to take him to court because you can't suggest contempt for financial matters and you must let FRO enforce with their powers.
I am beginning to worry this is taking too long and FRO is not holding up their end and want this matter before the courts before they take their "summer" break and the arrears are considered a winfall. I have continued to accumulate debt because of this.
Questions
1) Do I continue to wait for FRO that is no longer returning my calls
2) Do I initiate an action with the court myself?
3) If I initiate an action what action is it? I don't have a material change in circumstance. He has not brought one forward.
4) I don't want anything changed in the order for a motion
5) Has anyone actually went through the default process and if so were the arrears wiped out? How long did it take to get a date?
Any experience is appreciated.
Ex has voluntarily left all employment but still has the ability to pay.
FRO has said they have completed all enforcement actions available as of August 6/13
-Driver License suspension
-Passport Suspension
-Federal garnishment
-Writ & seizure
The FRO has added $400 to his arrears to start the default hearing process on Dec 23/13. I have been calling to find out the date of the hearing. The FRO agent says no date has been scheduled by the court yet.
I have asked the payee for financial disclosure 3 times for 2012 as our order says to exchange by July each year. No response is ever received. I have provided mine to him.
I have read 2 different statements on these forums, Canlii and other places:
1)It is my (the payee)responsibility to initiate the court process otherwise the arrears may be considered a winfall after too much time has passed and wipe out the arrears owed.
2)I have no ability to take him to court because you can't suggest contempt for financial matters and you must let FRO enforce with their powers.
I am beginning to worry this is taking too long and FRO is not holding up their end and want this matter before the courts before they take their "summer" break and the arrears are considered a winfall. I have continued to accumulate debt because of this.
Questions
1) Do I continue to wait for FRO that is no longer returning my calls
2) Do I initiate an action with the court myself?
3) If I initiate an action what action is it? I don't have a material change in circumstance. He has not brought one forward.
4) I don't want anything changed in the order for a motion
5) Has anyone actually went through the default process and if so were the arrears wiped out? How long did it take to get a date?
Any experience is appreciated.
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