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FSO - Asking for Arrears which was stayed by court

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  • FSO - Asking for Arrears which was stayed by court

    Hello- I need advice/direction for my actions:
    Issue- FSO ask me for Support arrears collection in 10 days or will go to collection bureau etc.

    (1) I filed for divorce when I was living in Quebec (before lived in Ontario). case transferred to Ontario.
    (2) A new case file by wife in Ottawa without any notice to me and in my absentia Judgment order was sent for a Support money to me.

    (3) I went to Ottawa Court, Judgement fixed $ for support (lower than before) and order that all enforcement proceeding in Ontario or in Quebec be hereby stayed with respect to the arrears of support pending further order of this court ( Over payment$ were returned by FSP office Ottawa.

    (4) I paid to till son was 33 age 2014 after his second degree and marriage at 31.

    *5) Now I am 68 years old and my son is 41 years old and working full time.

    How to STOP FSO actions for arrears collection around 10,000 $ which was stayed in 1993 and no new court order.


  • #2
    The case was filed with FRO when? Was there anything in your agreement about support stopping? Do you have proof you paid (cancelled cheques etc)?

    Have you tried speaking to someone at FRO?


    • #3
      Thanks for reply and information are here:
      I guess FSP case may have been filed by ex-w some time in early 1993 (case was file in Ottawa and I was not informed no notice, i got ex- wife case judgement notice in 1993 Spring or so), I was in Quebec I counter petitioned in Ottawa and Judgment came in Nov 1993,
      with a new $rate and all enforcement proceedings in Ontario or in Quebec be hereby stayed with respect to arrears of support pending further order of this court.

      But may pay Garnish started in Dec 1993(by virtue of with ex-filed case of Ottawa) then my lawyer told me the overpayment will be returned to me, and overpayments were returned to me each month by FSP Ottawa office.

      I was paying by cheques after garnish finished (by judgement of with ex-filed case without my knowledge) After that I paid by cheques for3 or 4 years then I was paying by Tele banking. I may not have .. old record except one record of overpayment$ return from FSP.

      Nov 1993 Judgement has not given any stop date for payment/
      I Stooped the payment after one year of my son's marriage at Age of when he was 33 years old.(Because after marriage child is independent, where as he was not student all the time or and some time worked full time )


      • #4
        I have mailed this week a copy of 1993 Nov Judgement and copy of FSP Ottawa regional office over payment $ Return record to OSHAWA and TORONTO FSO office.

        I have not talked to FSO yet. Will they understand or follow the case and follow up case history analysis.
        It is almost 30 years.

        I do not understand what to expect.
        Thank you


        • #5
          Call FRO first (not FSO) and ask them about this. You will probably also need to file a motion to stop enforcement. But the first step is to understand how long this has been accruing and why. A lot of times in old cases the case has not been updated or managed in anyway. Talking to them is important.


          • #6
            I also want to note that not being notified is irrelevant now. It happened. You would have received some notice for garnishment purposes and that should have triggered some action. Claiming ignorance now is not helpful. You knew it was being taken off your cheque. You should have done something all that time ago.


            • #7
              Thank you for your advice,
              I will follow up with FRO and try to get my case updated with 1993 Nov Judgement.
              I go for motion then it would be Ottawa court or Toronto FRO which have my files. I will keep you in loop, Thank you again


              • #8
                Thank you for the earlier advice ti Follow up/ talk with FRO.
                I have end 193 Judgement with, mail to Toronto and Oshawa office , Faxed it too left two messages but not response of phone call from FRO.
                How to talk to them.. this is a big problem ..
                any advice, Thanks


                • #9
                  You should have received a letter from them outlining your case. That will have information on how to reach them. You need to call them. Do it first thing in the morning 8:30 to 9 and wait on hold. If you struggle with English you should ask for a french translator. Faxing does nothing except take long. Call and speak to someone. It may take a few tries but you will get through.


                  • #10
                    Thank you, I will follow early morning calling.


                    • #11
                      Thank you for advice, finally one of the case agent called this morning and informed me that on basis of 1993 court order, my case has been recommended for closure to manager and I will get case closure letter in mail in two weeks or so. I hope this will happen.
                      Thank you very much again for your kind advices.


                      • #12
                        I would sick a lawyer on this situation. They will clean it up fast.


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