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Is FRO manditory??

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  • Is FRO manditory??

    I have a motion tomorrow, and one of the issues is how my stbx makes payments. I would like to continue with e-transfers, but he is saying that is not an option.

    His affidavit states: "The applicant fails to appreciate that once a Court Order is made, the FRO has the sole responsibility of collecting the support from me and forwarding the funds to the Applicant."

    True or False?

  • #2
    FRO is not mandatory, but these days it has become the standard that a support order made in court is automatically forwarded to FRO to enforce.

    However, if both you and your stbx sign a withdrawal form and submit that to FRO, they will stop enforcement on your behalf and your stbx can then pay you through another agreed upon method.


    • #3

      A support deduction order will be issued, but both parties can opt to not utilize the FRO as the collector/payor. And, if the respondent fails to make a payment you can opt back into the program with the FRO by completing the proper forms and paying a fee.

      That being said, I can only assume the respondent is self-represented. By the way the affidavit is written it would appear he either does not understand there is a procedure to opt out OR he does not want to opt out and desires to have a middle man (FRO) handle support payments. Ultimately, it will be his choice since you don't want FRO involvement.


      • #4
        My ex and I had it in our separation agreement that we would not use FRO unless I was behind on payments, and I assume if you have that in the agreement before the court, they would not order it to go through FRO.

        But as I discovered, if one party wants to go through FRO, they can force the issue. My ex changed her mind days after the agreement was signed, and notified the FRO and they starting collecting from me 90 days later.


        • #5
          Agree with Exquizique.

          We just had a settlement conference. Support was ordered by the judge. She said it is automatically sent to FRO. Supposedly it will take about 3 months for FRO to contact me. When they do, stbx and I can voluntarily withdraw from FRO involvement.

          Not sure if I will or not yet. I am afraid if the payments are delayed due to FRO what that will do to my budget. Stbx has paid faithfully and on time for 17 months....


          • #6
            FRO/MEP keeps you from having to deal directly with your ex. I highly recommend it.


            • #7
              As others have already pointed out...

              You *both* need to agree, to withdraw from using FRO, otherwise, FRO is imposed.

              Why even make that an issue?


              • #8
                I have heard and read horro stories about FRO, but never experienced an issue.


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