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Agreement wording for FRO

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  • Agreement wording for FRO

    Looking for how to properly word the below in a parenting plan. Would appreciate thoughts/ideas of if I am leaving anything out or if something should we worded differently. Thanks.

    1.1. We both agree that upon signing this Agreement that it will be filed in an Ontario court to register this agreement as binding for the purpose of providing this information to the Family Responsibility Office (FRO) to garnish John Doe's wages for the support and maintenance of Little John Doe in the sum of $500 for 24 pay periods per year on the 1st and 15th and of each month. FRO will garnish this amount from John Doe's employer, John Deer at 1234 Canada Parkway, Buttsville, Ontario and transfer the required funds to Jane Doe's designated bank account.

  • #2
    I would urge you to look on the FRO website and see if the wording required for FRO to enforce is included.

    I do not believe you can tell FRO how to do their job which is essentially to collect money. FRO and other maintenance enforcement agencies have their own specific collection process and the wording on the order has to meet their criteria. Once the agreement is registered with FRO the payor can request the funds be paid directly from employer. You can also get further information from a site called "Frostrating" for more information.

    Comment


    • #3
      This matches my order pretty closely that was filed with the FRO...I would also suggest including the yearly wage at which you are basing the calculation on...or if it is an offset calculation you should include both parties wages. This can be potentially beneficial if you income changes.

      Lastly, clearly define that this is only for child support.....

      How are you going to handle Section 7 Expenses?

      Comment


      • #4
        It's great you've got a start date for Support.

        It's also great you want clear wording for FRO

        but sadly many people forget the "absolute clarity" FRO needs to end Support

        IF your parenting plan isn't clear on support termination FRO will send you to Court for a new Order (cost with lawyer 10-30K).....while Support is still being paid until there is a "determination" by a Judge

        FRO does not return over support if YOU WERE RIGHT in Court.....they'll point you to Civil Court

        Quick samples

        Child Support terminates at age of majourity

        Adult children are entitled to one post secondary program of which each party (father mom and kid) SHALL contribute 1/3 of School Costs

        Post Secondary information including budgets, tuition, books, school transcripts SHALL be provided 1 month prior to commencment of any semester by the adult child (name) failing that post secondary funding SHALL be at the discretion of the parties.

        Higher Income will claim school tax credits which SHALL be applied to offset school costs this is a net benefit to all.


        Just some thoughts......

        Comment


        • #5
          Couldn't find specifics on the FRO site about how to word it. Will have to call them to see what they say.

          So other than the last line about transferring funds the rest seems ok? Curious to know of any agreements made by court where FRO garnishment was put in place. Will have to search CanLii to see.

          Comment


          • #6
            Typically the court order simply states that money payable will be collected by FRO/MEP. I've never seen a court order which tells the maintenance enforcement people how to collect it. MEP is an arm of Alberta Justice as a collection agent. There are collection procedures which these agencies follow under their respective government acts. This is why the wording has to be very specific (in accordance with the Act).

            Comment


            • #7
              The wording for MEP Alberta is:

              The amounts owing under this Order shall be paid to the Director of Maintenance Enforcement ("MEP") at 7th Floor North, 10365 97th Street, Edmonton, Alberta T5J 3W7, (780) 422-5555 (website address: Maintenance Enforcement Program - Alberta Justice) and shall be enforced by MEP upon the creditor (recipient of support) or debtor (payor of support) registering with MEP. Such enforcement shall continue until the party who registered gives MEP a notice in writing withdrawing the registration pursuant to Section 9 of the Maintenance Enforcement Act.

              Comment


              • #8
                Should it say how that money shall be paid? With FRO you can pay voluntarily by direct withdrawal from a bank account. But what I am looking for is for wage garnishment so that FRO knows from the order that they must set it up this way.

                Comment


                • #9
                  Maintenance Enforcement Agencies issue voluntarily or non-voluntarily SDN (Support Deduction Notice/Order). Court Order specifies what is to be paid monthly and it is up to FRO to enforce the Order. I believe they give the payor some time to voluntarily pay within the specified time and issue SRN's after 31 days of non-payment. Most maintenance enforcement agencies across Canada have the same process. Only difference I know of is the amount that they can legally garnishee might differ Province to Province - in Alberta it is 40% of gross earnings - Ontario might be 50%.

                  If FRO doesn't have any online information then go to MEPAlbertaonline and it outlines the collection process in detail.

                  On the Order you have to specify what is to be deducted each and every month and what payment date is.

                  Here is the website for FRO: http://www.mcss.gov.on.ca/en/mcss/pr...esponsibility/

                  Comment


                  • #10
                    Clearly state start date (eg January 01, 2015). Clearly state amount ($500 per month). Clearly state it is child support. If you do not state end date FRO will continue. Payors can pay voluntarily or have their pay garnished. No control over time of month payment is made. If found in arrears FRO will garnish up to 50% of the payors paycheque. Fun stuff like taking away drivers licence for non payment doesn't happen until over 50,000 in arrears. (My ex hit 35,000) Any previous orders are nullified and FRO goes by most recent order only. If this is going thru the court system you will need to fill out a support deduction order. If you can get judge to sign off on it...the court will now fast track the order through. Call the FRO office and speak to someone there...they can fill you in on the needed details.

                    Comment

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