Still looking for Default Hearing experience-FRO

[Reality]

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.

[Links17]

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.

Who says that?

[arabian]

there was a new site that started up recently - Frostrating. Check it out.

[arabian]

How long has he been without a license, passport etc?

I believe what you are reading on CanLii are cases when someone sat back and didn't pursue CS or SS and then, many years later, decided to make an application in court. I don't believe that would be the case in your situation as there is already collection action in place.

A court order may not be of any use to you unless you can PROVE that the payor is, indeed, generating income. You might be best to spend money on a private investigator if you believe that there is unreported income.

FRO is a collection agency. This would possibly be considered a 'cold case' and therefore they only doing what they are mandated to do.

Is it safe to assume that you have a separation agreement or a divorce judgement which is registered with the court?

More information is required.

[Reality]

Links17
In response to "who says that"
The Family Law Rules
RULE 31: CONTEMPT OF COURT
WHEN CONTEMPT MOTION AVAILABLE
31. (1) An order, other than a payment order, may be enforced by a contempt motion made in the case in which the order was made, even if another penalty is available. O. Reg. 114/99, r. 31 (1).

Thanks

[Reality]

Arabian

How long has he been without a license, passport etc?

He has been without license etc.. since August 2013. He continues to drive regardless. It doesn't bother him at all. It is not the first time.

I believe what you are reading on CanLii are cases when someone sat back and didn't pursue CS or SS and then, many years later, decided to make an application in court. I don't believe that would be the case in your situation as there is already collection action in place.

Thanks for your comment and I will read again on Canlii. It is possible I have misinterupted what I am reading. What I believe I have read is FRO gets them into default hearing eventually (could be a year with no shows before a warrant is issued). Payer finally responds with material change of circumstance. By the time this transpires, coupled with the FRO waiting times, the arrears have actually been accumulating 3-4 years and judges consider windfall and wipe them. I will continue hunting Canlii.

A court order may not be of any use to you unless you can PROVE that the payor is, indeed, generating income. You might be best to spend money on a private investigator if you believe that there is unreported income.

Thanks again for your comment and I did not provide this information. The payer has been proven in trial to generate income and imputed as such. I can prove it again without issue if I can just get into court. I just don't know how to get in legally hence my questions.

FRO is a collection agency. This would possibly be considered a 'cold case' and therefore they only doing what they are mandated to do

FRO is mandated to preform the default hearing enforcement as part of their process. They are reporting that they are preceeding to default hearing but are no longer responding to my calls and nothing has transpired for over 3 months since they reported they ask the court for a date. I will make an complaint to ombudsmen today to help them out a little.

Is it safe to assume that you have a separation agreement or a divorce judgement which is registered with the court?

Yes Full Trial Based Order with reasonings registered with courts 2009 and preceeding Final Order registered with court 2006. Divorce registered 2006. All issues are court ordered, registered, completed. Everything has been completed legally for years.

there was a new site that started up recently - Frostrating. Check it out.

Thanks again and I have checked it out. Great site for those new to the processes. I was actually hoping the site owner would see my post as I think she has been through the default hearing process. There are a couple of other members here who also have been through the process but I believe they ended up wiping the arrears out at the end.

Hoping someone with experience may come out and respond. thanks again for your comments.

[arabian]

One thing that these collection agencies seem to drag their heels at is garnisheeing the payor's bank account. They have the power to do it with a court order. Perhaps that is the next step along with the default hearing? Of course it goes without saying that deadbeats often have several bank accounts and family and friends with whom they hide money through.

If/when you ultimately get through to your collection agent you might question them about their 'special investigation unit.' I know Alberta has one and I believe the use of private PI are sometimes utilized.

While you are writing letters you should pen one requesting a copy of FRO's operational manual. They won't give it up willingly but I believe you can request it under the Freedom of Information Act. You will be turned down initially but you can appeal the decision. It is a time-consuming activity but if you are patient it may pay off for you.

Most government agencies have to complete quarterly and annual statistical reports. I suspect that the collection activities of these agencies therefore become politically driven to enhance their reports and request ongoing funding.

Keep persisting. Don't ever forget that you are "the client."

[Reality]

Update:
Funny.. I wrote to the ombudsman and miraculously I received a call from FRO today saying Default Hearing is scheduled in 6 weeks time. Sad that you have to go to these length just to get them to carry out their own process.