In a nutshell...
Our fears:
- The payor of CS lost his job in October and immediately started a motion for a reduction in CS with the family court system.
- While we wait to go to court, FRO automatically withdraws the CS amounts based on the payor's last salary (before he lost his job) for the months of November and December.
- The CS recipient does not provide a response to the request for a reduction within the 30-day allotment. The payor puts forth a motion for an order to be made with only the materials provided by the payor. The court refuses to take action and grants the recipient an extension to respond until the court date.
- In court, the CS recipient's lawyer refuses to grant a temporary reduction in CS and refuses to address the issue until a new court date in March (as his client, the CS recipient, did not show in court).
- Duty counsel at the legal aid clinic suggest that the payor completely drain the account from which CS is being withdrawn, so that FRO cannot take any more money that the payor doesn't have or cannot afford. After all, how can you pay when you don't have any income?
Our fears:
- If we stop paying, it will look unfavourable on the payor and he will most likely have to back-pay in the future.
- If we stop paying, FRO will never again allow for direct withdrawls and will attempt to garnish the payor's income from its source, something that the payor is against due to his line of work and the new job he has begun (100% commissions).
- If we continue paying, we may not be granted compensation for the months we've paid using loan money, as the court must just view it as "since you paid, then you were able to pay."
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