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ending CS(FRO) "early" but support recipient MIA

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  • ending CS(FRO) "early" but support recipient MIA

    Looking for advice on how best to proceed:

    I have court ordered payments going through FRO that I'm looking to end very soon. Last child won't be 18 (& doesn't appear to have interest in post-secondary) until end of 2023. HOWEVER, due to the amount I'd been ordered to pay originally, and the fact that 3 of the 4 kids on the court order have previously turned 18 and the CS order amount never changed (as I was getting pay raises - so just left as-is to compensate), I'm coming up to an over payment situation soon and want to get things rolling now to end things.

    I'm wanting to propose an end and final payout amount to the support recipient - however, she has gone MIA. I have no idea where she is or how to contact her. She was involved in insurance company fraud a few years back, so I suspect she's changed her name or using a married name now to hide her past. (court order was to keep each other updated with changes, so she's in violation here).

    Anyway - am I financially responsible to try and track her down to issue a motion to change? Or financially responsible to hire a lawyer to draft the motion to change and do their thing for this? Or can I just send a motion to change to the court explaining she's MIA?

    FYI, kids and family won't tell me where she is or how to contact her. Facebook is MIA of her name now and past employment/business all gone too.

    Suggestions appreciated!

  • #2
    You can file now to update but would get an end date. Note though itís still a year, kid could change their mind.

    You will need to find your ex to be able to serve her. Someone else may know more how to do that.

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    • #3
      I have no experience for this. It doesn't matter if it is you or a lawyer doing it, if your court order says they are responsible for informing you have changes and have not.

      Reads like "not your problem"
      1. File your motion for change.
      2. Attempt to serve other party at last known address, if you find out who lives there then having their name is probably good.
      2a. Do your google searches etc. in an attempt to locate.
      3. Inform court clerk that service was attempted but not possible.
      3a. this leads to some form of substituted service.
      4. File Motion as per 6(16) - service not required.
      5. File for summary judgement?

      Family Law Rules 6(16):
      https://www.ontario.ca/laws/regulation/990114#BK14


      Service not required
      (16) The court may, on motion without notice, order that service is not required if,

      (a) reasonable efforts to locate the person to be served have not been or would not be successful; and

      (b) there is no method of substituted service that could reasonably be expected to bring the document to the person’s attention. O. Reg. 114/99, r. 6 (16).
      Last edited by pinkHouses; 03-19-2022, 10:06 PM.

      Comment

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