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  • Tomorrow's Motion

    Hi all,
    Going back to court tomorrow.
    8th time in a year.

    A little background is required....

    Separated a year.
    She moved out and took the kids.
    We have a temporary order on consent for guidline child support based on my salary for 2009 of $84K. (About $1250 per month)
    Temporary spousal support for $1000 per month + $500 in arrears until caught up)
    Total support per month $2750

    At the time of the temporary order, she told me that she had just registered in school "full time" in order to upgrade her work skills.
    I agreed to the spousal support levels due to that fact.
    Two weeks after the agreement she started a part time job which generated about $15,000 for the last 6 months of the year.
    School ended for her in December and it was only part time. They called the course "full time" because it was every day but for only 4 hours.

    Still only working part time hours at the same job. ($15 per hour)

    I am still living in the matrimonial home and paying all expenses including joint LOC, insurance, mortgage etc.

    I am currently paying 70% of my net income to her for support.

    The motion tomorrow was required due to a 10% salary cut from my company due to economic conditions and to try to "level the field" with respect to the spousal support payments.

    I have asked to have my Child support reduced to the guidline amount based on my new salaray of approx $75K
    I have asked the judge to impute an income of $30K per year to her which would reduce my spousal support obligation down to between 0$ - $470 per month.

    I have suggested an amount of $300 per month for support. (my offer to settle was for $500 per month and she has not responded to that)
    She has actually asked for the "extra" $500 per month that is arrears to be made permanent.

    I am still going to be paying all the household bills and shared bills until the house sells.

    With that background my question concerns the FRO.
    If I am unable to get my spousal support payments reduced to a more "manageable" level, should I consider having the payments enforced by the FRO?
    Currently we have opted out.

    It is my understanding that the FRO can't take more than 50% of my net income.
    Is that correct?

    I also understand that it could take months and months for them to actually get around to ask me for the money.
    Is that correct?

    I believe that if the required payments are more than 50% of my salary, I will be in arrears immediately.
    Is that correct?

    I don't want the bank to foreclose on the house and ruin my credit that I will need in the future and I don't want to be a "dead beat" anything.
    I want to provide for my children and even for my ex (although at a much lower and more reasonable amount) but I need to live.

    Any thoughts or comments would be appreciated because I am in court tomorrow.

  • #2
    Don't use the FRO if you can help it.

    If they make an error, it can take months to correct it, and they won't refund the error. It may never be corrected. You can be paying the correct amount, they will think you are in arrears, and it can take years to sort out the mess.

    They have no interest in your income, only in what the courts have ordered you to pay.

    Many many posters here have had endless problems with FRO and have not been able to resolve them. Most people would gladly pay more and at least be done with the crap and know the money is going to their kids.

    Comment


    • #3
      I would stay out of FRO if possible, they only follow court orders and will do nothing to help you if anything gets messed up, they just don't care.

      Comment


      • #4
        Had my day in court.
        For all those who represent themselves and win...good for you.
        I don't think that I want to be in court without a lawyer.
        Yesterday was a "short motion" day.
        My lawyer suggested in writting last Dec when my ex suggested that she would be bringing this motion that it would require a "long motion" date due to the subject matter.
        As usual, the ex did not listen.
        She filed the motion anyway.
        We responded and suggested a long motion would be needed.
        She refused to change.
        Get to court yesterday and the judge is reviewing the info and says that it will take to long to go over and we should have a long motion date set.
        We ask for costs
        Judge puts it off to the next judge.
        Total cost for the day $4500
        Total accomplished 0

        Comment

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