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  • Child Support & "Her Majesty the Queen in Right of Canada"

    Due to my husband's recent unemployment and the CS recipient's inability to come to a fair agreement in regards to child support, the CS recipient filed the most recent court order (where child support is based on my husband's income prior to losing his job) with FRO.

    We recently received a notice from FRO indicating that they have sent his "employer" a deduction notice. The employer listed is "Her Majesty the Queen in Right of Canada." We are assuming this is the government. Are we right?

    My husband has filed for EI benefits, but has yet to receive any notice from the government as to whether he will be able to receive these benefits and in what amount.

    My husband continues to seek employment daily. We are also awaiting for the CS recipient to provide us with "consent dates" for the upcoming trial in this regard.

    Is there anything that we need to do, now that we've received the notice from FRO? Should we contact FRO in any regard? Or do we just wait and see what comes from the government pertaining to EI or CS?

    If anyone has been in this situation before, we would truly appreciate your input. Thank you!

  • #2
    just call FRO and let them know that you have filed for EI and are waiting to see if and how much you qualify for

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    • #3
      I've got no useful input, but when I read your caption I thought you were referring to your hubby's ex as "Her Majesty." Made me laugh and I thought I'd pass it along.

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      • #4
        #1, you are correct in assuming that the support deduction order has been forwarded to the Gov't.
        You will receive a letter from the Dept. Of Justice. This order is going to affect your hubby's government funds.
        If he is in arrears at tax time, Her Majesty (his Ex!!!) will receive his refund if any.

        Comment


        • #5
          Oh lovely... don't you just love how CS recipients can find ways to get child support even when the payor cannot support himself? Even by doing small jobs on the side for friends while trying to find a full-time salaried position, in order to offer the CS recipient a monthly amount that he CAN afford, the money-grubbing-wench claims it's not enough and that she wants more and files a support order with FRO that is not representative of the current situation... and now has access to his income tax returns. What a lovely system we have! *Roll Eyes*

          Comment


          • #6
            I'm assuming the ex filed the most recent court order, wherein the Judge set the amount of child support payable?

            And now your ex is falling into arrears because he cannot afford to pay...

            After he gets far enough behind, the FRO can do all sorts of nasty and embarassing things to your husband.

            For example:

            They'll also guarnish his unemployment insurance benefits and GST Rebates,

            Report him to the credit bureau,
            Suspend his drivers, hunting, fishing licences,
            Seize your joint back accounts for 30 days,
            Put liens on and/or seize his personal property,
            Post his picture on www.goodparentspay.com,
            Arrest him and put him in jail for 180 days.
            etc, etc, etc!

            Comment


            • #7
              It baffles me how he can be expected to pay CS based on an income HE DOES NOT HAVE, yet when his income increases so does his CS but when his income decreases, his CS is unaffected because "it's unfair to the child to receive less than he's been receiving."

              Comment


              • #8
                Department of Justice Administrative Fee / CS & EI Benefits

                My husband lost his job. He applied for EI benefits. He cannot afford the current monthly child support amount (based on income he no longer has). He is currently awaiting a court date, as the CS recipient refused to agree to a lower amount of support. Instead, she filed the latest support order (again, based on income the payor no longer has) with the Family Responsibility Office in hopes that they will force my husband to pay that amount.

                Since my husband is unemployed, FRO sent a garnishee summons to the government. We received a letter from the Department of Justice indicating that they will be garnishing his EI, GST credits, income tax refunds, etc., to provide the monthly payments.

                Since my husband applied for EI benefits last month, we have not yet received any notice whether he is even eligible.

                But that's not the point.

                The point is that the Department of Justice will be deducting an administrative fee in the amount of $190, as authorized by the Family Orders and Agreements Enforcement Assistance Act.

                Both my husband and I find this to be completely ridiculous. Not only does a person not have any money to pay CS, causing their EI and tax returns to be garnished, they are forced to pay an administrative fee on top of that!

                I'm wondering if there is any way to dispute this fee - has anyone tried?

                What angers us most is that we wouldn't be in this mess if the CS recipient had agreed to a reduced amount of CS for the time of unemployment. But no, her greed caused her to file the highest support order he's ever had to pay with the FRO... and now he cannot even get EI to support himself and his family.

                If anyone has been in this same situation before, we'd love to hear your input. Thank you kindly in advance.

                Comment


                • #9
                  Update: My husband received a voicemail message from the CS recipient the other day screeching "Where's my child support?!" (Since she ran to FRO to file the support order, she has not received October's or November's child support payments.)

                  My husband truthfully replied: You had chosen to file with FRO, so ask them where your child support payments are. All I know is that they are now in the hands of Revenue Canada and FRO.

                  What I find odd is that FRO never once contacted my husband with regard to his employment status or means to pay. The only correspondence received from FRO was a copy of the garnishee summons sent to Revenue Canada (aka "Her Majesty the Queen in Right of Canada").

                  Is that normal of them?

                  What happens now?

                  The summons states that they are to garnish his EI benefits, income tax returns, etc. But my husband is not receiving EI and will not be filing his taxes till March. Does that mean that the CS recipient will not receive any payments until tax time?

                  Any info/advice would be great!

                  Comment


                  • #10
                    Originally posted by #1StepMom View Post

                    What I find odd is that FRO never once contacted my husband with regard to his employment status or means to pay. The only correspondence received from FRO was a copy of the garnishee summons sent to Revenue Canada (aka "Her Majesty the Queen in Right of Canada").

                    Is that normal of them?

                    What happens now?

                    The summons states that they are to garnish his EI benefits, income tax returns, etc. But my husband is not receiving EI and will not be filing his taxes till March. Does that mean that the CS recipient will not receive any payments until tax time?

                    Any info/advice would be great!
                    They'll garnish 50% of his EI right from the start.

                    Reason the went directly to taking from government benefits is because the Ex told the FRO he's unemployed.

                    All income tax refunds, G.S.T. credits and anything else issued by the government now belongs to her. Anything income tax related will be taken in its entirety whereas EI is half...

                    Good luck....we've been dealing with a woman like her for the past 10 yrs....we HATE the FRO

                    Comment


                    • #11
                      I thought the FRO had to notify the recipient and they had a certain amount of time to contest the registration? That's what happened with my ex when we registered, anyone else have this experience?

                      Comment


                      • #12
                        Originally posted by kamkatie View Post
                        I thought the FRO had to notify the recipient and they had a certain amount of time to contest the registration? That's what happened with my ex when we registered, anyone else have this experience?
                        Gee,I wish! Now, if 1 party wants to register, they have every right to do so without the consent of the other party. And now, every support order made by the court is automatically sent to FRO. There is no escaping this irresponsible agency.

                        Comment


                        • #13
                          Hi Been awhile But I'm still here.

                          Yes that is standard practice. All they are obligated to do is send you that notice. Sounds what they have is a federal garnishee and it is more encompasing than a regular. This allows them to move in to taking tax refunds GST reates and the like. Under the same umbrella they can also seize bank accounts..... any source of money. Grim from discussions before your spouse is trying the best he can with the circumstances. He can seek a order to cease enforcement possibly. This would give a temp stay to things to sort out things. Food for thought.

                          Comment


                          • #14
                            Yes, it is true that FRO will submit garnishment notices to any bank, health insurance company, employer or the Gov't on only the recipients say so.
                            A lot of wasted effort & paper when some places don't even apply as places of potential income for the payor. If the recipient thinks they may get some money from there, so be it.

                            As an aside, if the FRO would be used by the recipients that truly need it (haven't rec'd any $, don't know where the payor is etc...) then it wouldn't be so overwhelmed and bogged down by the unnecessary caseload. In cases like yours, #1, the payments were timely & FRO needn't be involved.

                            I don't agree with FRO becoming involved automatically unless consent to withdraw from FRO forms are signed and filed with the courts. I also don't agree with the 'one party files with FRO so the other party must comply' rule either.

                            Also keep tabs on your arrears as they climb. While FRO gets all the wheels in motion your arrears add up. Don't let it bite you in the butt in a few months time.

                            Comment


                            • #15
                              Personally, I think FRO is a waste of taxpayer's money. It is the #1 most investigated government agency in Ontario. It is on top of the Ombudsman's list in terms of complaints. The only other agency that beats FRO with the number of complaints is the correctional facilities (jails) and 99% of complaints come from inmates. How this so-called family "responsibility" office is still allowed to function is beyond me. My husband and I have lost over $1,000 in their hands. Money that has somehow been "misplaced" yet they refuse to take any ownership for it. If you are not enrolled with FRO, don't sign up, and do whatever it takes to not have to go through them.

                              My husband and I realize that they can suspend his driver's license... but from what we hear, it takes years for them to reach the point of actually doing so! So, we've got time. ;-)

                              Until then, the CS recipient (who has always received CS on time and in the appropriate amount directly from my husband, directly deposited into her bank account) can suffer for all we care. (Granted, we don't want the child to suffer, but there's no point in paying her directly when FRO is going after the money too.) She decided to sign up with FRO, she can deal with them and their lack of sending her support, right? ;-)

                              Comment

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