Another Question

[Spoonz]

So i am really beginning to realize that this whole process is going to take some time, longer than i had originally thought.

So in the mean time, while i wait for all of the documentation to get in place, what should i do with the FRO.

I'm waiting for the 2007 tax information to come from the CRA and then when that arrives i will file a financial statement as requested by the FRO.

How to i prevent them from taking further action, while i am in the process of filing the motion to change? Do i write to them? That to me doesn't seem like it would do much good. Do i request a restraining order on the FRO? Or maybe i would be better to use my complaint about diverted arrears payments to get myself heard. Or would it be better to let a default hearing occur?

[InterprovincialParents]

It would be a refraining order you seek...the first thing I would do would be to call and discuss the matter with them. If there is a default hearing, you can introduce your evidence there.

[rwm1273]

A default hearing is one of the last steps after they have frozen your bank, taken your driver's license, and taken your tax returns, and just before they through you in jail.

You can try to make payment arrangements with them, but they most likely will not budge unless you make 100% of the regular support payment.

If you have a court date pending, you can provide them a copy of the notice of motion, and ask if they would be willing to hold off until the motion is heard.

[Spoonz]

rwm1273 - yes the situation is that bad. That is why i'm am trying to step in and help my husband, because i believe he has legitimate circumstances. He is very willing to work it out and to pay guideline amounts, but as it stands there is no way that he can pay off the arrears as they stand. And they don't truly reflect his means necessary.

[InterprovincialParents]

Is there a default hearing scheduled?

[Spoonz]

no not as of yet

[rwm1273]

Often it makes little difference about current situation, as the arrears were based on past situation. If you are going to court, you have several options.

1. ask for elimination or reduction of the arrears.

2. ask for a stay of enforcement on the arrears. This can either be temporary or perminent.

3. a recalculation of the support obligations. This can be for the past amount, or the ongoing amount, or both.

4. ask for a hardship case to be accepted, and therefore a change of support that does not reflect guidelines.

All these options really amount to how the judge feels, as you are asking the courts to forgive you of a debt that they deemed to be responsible for.

Do your homework, and have documents to prove your claims. Get tax records from as far back as possible to prove why you should not be forced to pay. If the other side has lived in a big house and earned great money, this will help too.

The FRO is just a collection agency, and as such have no power to change court orders. They have limited power to stop collection on a court order, but they require a court order change, as they can't keep from enforcement for long.

In dealing with them, honesty is the best policy. They are human after all, and if they see that you are worthy of compassion, then they can help. You most likely will need to ask to speak to a supervisor, or a manager to be able to get the authority for them to stop collection action temporarily.

If it goes to a default hearing, it is not a nice place to be in. They are not very nice, and not very often flexible. If it goes to a default hearing, and you are able to show cause why they should not throw you in jail, they will need some thing tangible for them to agree to let things go. If you fail to meet the terms of the agreement, you better get your tooth brush ready, because you most likely will be in jail shortly there after.