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Recovering S7 & Child Support Overpayments (Support Payor)

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  • #16
    Cases:
    https://www.canlii.org/en/on/onsc/do...&resultIndex=1
    https://www.canlii.org/en/bc/bcsc/do...&resultIndex=4

    These are just from the last two years with a search of "child support overpayment" on Canlii. You may be able to find more.

    If you have an endorsement, that is technically an order. You need to have that turned into an order for FRO to stop child support. Have you spoken with FRO about it? Has it been provided to them?

    As for getting your money back, I believe if you want FRO to get it back, you need a new support deduction order to be made against your ex and it has to be after the current order with FRO is closed. If not, you may be able to file it with small claims court (I can't remember how I did it for a tenant who refused to pay rent and I had an order against them but I did file it with a court and was able to file those orders with their bank and employer). Look into that.

    You also need to stop paying FRO anything. I don't know how much your monthly amounts are but if you can, stop. And call them. Call them until you speak to someone. Do not stop until you do.

    Comment


    • #17
      Depending on why you didn't get this ordered at the motion, I believe you'll be able to get this corrected soon enough.

      But to take the other point of view....

      You have an endorsement from a conference judge giving their opinion on how support should go. This is much different than actually ruling on the matter. You'll have to bring a motion to request the stop payment and any overpayment, where ex will have a chance to give her side on why support should have continued. It's not guaranteed.

      If your endorsement corrected the amounts, that would be enough for FRO to make the change although they would prefer the typed out order.

      Comment


      • #18
        While I have the endorsement, FRO will not recognice an endoresment (only a court order). I lucklily have been in contact with them, they are aware of the upcoming order and while they are still collecting support, they are not releasing funds.

        I am concerned as the way the order is written, they are unlikley to terminate the case, which will make opening another case problematic. FRO has been extremely unhelpful, as have the courts when it comes to paying this back. My ex continues to reconcile this citing they now need a cost decision before they will act.

        This is a final order / endorsement and not anything that came from a case or settlement conference.

        Appreciate the case law, i am doubtful that this judge will address this issue, she seemed to take no issue with the other parent not paying for post-secondary expenses or refusing to adjust support in accordance to our incomes. Perhaps a strong bias going on there?

        Comment


        • #19
          Thanks for the DM, it makes it a lot clearer.

          As I noted in my response to you, what you have is a final order from the motion. It lays out the amounts owing by you and that you still have to pay support. The judge should have written it better but you can make do with this. You will need to fill out a new support deduction order and that form should help with the amount. I believe that now that you know the amounts owing for previous years (2023 included), you can fill out the amounts. If FRO is holding the money, they will release what is owed and take anything owing going forward from that pot. Example: they are holding $10000 in an account, you owe $4000 in back support and $500 a month going forward, they will release that $4000 and then the $500 monthly until it is gone.

          I highly recommend you ask them about paying voluntarily rather than being garnished to avoid any further overpayment. That way you can avoid any further overpayment to her. Calculate anything else after these ordered amounts as well as any going forward and file a new motion for those funds. If it turns out that there is still an overpayment owing, I suggest you request that it be applied to your share of the school expenses OR file a new motion. It looks like you are paying all your kids costs which is great for him but not for you. Your ex should be paying and the only way to do that is to not pay yourself. Has your son said anything about his mother paying?

          Your case is really convoluted due to the amounts the court has now ordered, your ex's refusal to pay section 7 and the judges decision. There really needs to be some training for judges on how to write an order for FRO because they fuck it up more often than they should!

          Comment

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