FRO - Arrears - CS

[toothfairy81]

I've received an order that CS will commence the beginning of Oct.

Judge stated that CS will go through FRO.

There are significant outstanding CS arrears. I received an email transfer from the ex, starting that the funds are for the month of CS.

My question is,

should I accept the etransfer and use towards outstanding arrears? And make a note of that in the response acceptance of funds?
Or
Not accept and send a letter reminding the opposing counsel that as per the judged decision we are going through FRO?

I'm not sure what the best course of action would be in the long run.

[standing on the sidelines]

I've received an order that CS will commence the beginning of Oct.

Judge stated that CS will go through FRO.

There are significant outstanding CS arrears. I received an email transfer from the ex, starting that the funds are for the month of CS.

My question is,

should I accept the etransfer and use towards outstanding arrears? And make a note of that in the response acceptance of funds?
Or
Not accept and send a letter reminding the opposing counsel that as per the judged decision we are going through FRO?

I'm not sure what the best course of action would be in the long run.

Is Fro aware of the arrears? If the email transfer says its for CS then I would send it back to the parent and say for them to pay it to fro instead of you. Keeps things less complicated trying to keep track of when/what money was paid. CS is one thing and CS arrears are something else.

[trinton]

is arrears are ordered to be paid through FRO then that parent shouldn't be sending you money directly, it HAS to go through FRO, unless you both agree to withdraw from FRO.

System's messed up, trust me, it's designed to create confusions, and work for lawyers

[Janus]

Don't be silly, keep the money and laugh all the way to the bank.

If payor proves he has paid the money to FRO, then you get exactly what you were supposed to get. If payor doesn't prove he has paid the money to FRO, then you potentially get to double up!

I don't understand what benefit there is for OP to not accept the email money transfer. It is not up to the payee to keep track of stuff, that's between FRO and the payor.

[trinton]

Don't be silly, keep the money and laugh all the way to the bank.



If payor proves he has paid the money to FRO, then you get exactly what you were supposed to get. If payor doesn't prove he has paid the money to FRO, then you potentially get to double up!



I don't understand what benefit there is for OP to not accept the email money transfer. It is not up to the payee to keep track of stuff, that's between FRO and the payor.

That's just disgusting and perfect way to create unnecessary conflict


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[Janus]

Payors need to read this forum and realize how horribly they can be screwed. As a payor, you cannot rely on the payee to be nice. You need to assume that you are going to be screwed.

[trinton]

Payors need to read this forum and realize how horribly they can be screwed. As a payor, you cannot rely on the payee to be nice. You need to assume that you are going to be screwed.

If the payee accepts it knowing its for arrears and knowing Otis to be paid through FRO then she could be seen as equality guilty


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[rockscan]

Its called acting in good faith and if the recipient accepts the money knowing its wrong then they look bad for any future court action.

[Janus]

You guys live in some fantasy world where life is fair. In the real world, recipients don't get in trouble for taking money, ever. I've even read rulings where judges have found that the recipient was clearly wrong to take the money, but then the judge still didn't order it to be repaid because it would cause a hardship to the child.

[rockscan]

Yes and the OP is the recipient and since you seem to be so against child support being paid and how difficult it is to have it clawed back then you probably should be telling this person to not take more than they are owed.

[Janus]

FRO can be abused. The solution is not to hope for good faith on the part of recipients. The solution is to fix FRO. That is best accomplished by having people blatantly take advantage of FRO's inadequacies in a way that even bystanders would agree is horribly wrong.

[blinkandimgone]

Accept the email transfer and inform FRO of the payment. If they do end up double collecting, simply send it back to the payor.

[trinton]

FRO - Arrears - CS

You guys live in some fantasy world where life is fair. In the real world, recipients don't get in trouble for taking money, ever. I've even read rulings where judges have found that the recipient was clearly wrong to take the money, but then the judge still didn't order it to be repaid because it would cause a hardship to the child.

Janus is right. I too have seen cases where extra child support was not returned because it would effect the support the child is currently receiving

At the same time, I have via court order received a credit back for overpayment of child support in the past

Sometimes it just depends on what side of the bed the judge woke up on but it is always case by case

In this case. Don't take the money and save yourself a headache. You know it's to be paid through FRO and you know it's for arrears.


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[arabian]

One of the practical reasons maintenance enforcement agencies want money to go through them is that they have to calculate interest on arrears. In some instances the interest is calculated on a daily basis I believe.

Another reason is that maintenance enforcement agencies allegedly have time-lines regarding enforcement actions. They have to be able to defend their actions in court.

You are in or you are out. Use or don't use a maintenance enforcement agency. I sometimes think it might be better for some people to NOT use FRO/MEP and I would love to hear from someone who collected family court debt without going through these agencies. Anyone have experience with this?

[trinton]

One of the practical reasons maintenance enforcement agencies want money to go through them is that they have to calculate interest on arrears. In some instances the interest is calculated on a daily basis I believe.

Another reason is that maintenance enforcement agencies allegedly have time-lines regarding enforcement actions. They have to be able to defend their actions in court.

You are in or you are out. Use or don't use a maintenance enforcement agency. I sometimes think it might be better for some people to NOT use FRO/MEP and I would love to hear from someone who collected family court debt without going through these agencies. Anyone have experience with this?

FRO is like a debt collection agency. They will go to court and take the roof off your head in order to get their money

On the flip side, if I'm paying everything to FRO. Mom can never say or try and say she never got child support. It's all documented. Even then I could work out payment plans with FRO.


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