Bank Account Seizure by FRO

[Chopper]

Hi guys,
It's taken me a while but after 13 months in the end of Jan 2009 I was finally able to have my CS reduced in a motion I brought and it was set retroactive to my loss of employment date which was in Dec 2007. This is a temp order based on providing T4's for 2008 and providing a notice of assessment when I get it and presenting it at the settlement conference in May 2009.
I finally got a big break and started a new job 4 weeks ago, however every cent I have made since starting this new job has been seised by the bank because of the FRO and my only means of pay cheque is by direct deposit.
It turns out the FRO started this seizure process prior to the last order in the end of January which would have greatly reduced the arrears from$13000 to $4000, and to which $1500 of those arrears are to be payed as costs at a rate of $25.00 per month based on a court order in Mar 2008... so in all actuallity the outstanding arrears should be in the neighborhood of $2500.
What should I do....I sent a letter to the Ex's lawyer letting them know this, the FRO also sent the EX a copy letting them know this.....I don't have any money to live on.... I've been borrowing money from family and friends to pay for gas to get to work and now I'm 2 months behind in rent and been sent a letter from my landlord saying if I don't pay up, I will be evicted.
I asked why they didn't file a Statment of Arrears with the FRO based on the January order, they mention that they were never ordered to do such a thng so therefore they don't intend to file one.
How can they go on knowing this very hard situation exists for me?
The ex and her lawyer are now very well aware that everything that I earn is being seized, they also know that the FRO is working to the wrong court order however they sent me back a letter not addressing or helping out in any way. Actually they have made things worse, the sent me a form 20 requesting 2008 Income Tax Return, 2008 Notice of Assessment, a copy of all T-4s for 2008, verification of all income for 2009 and they are also requesting all my bank account information and statements. It mentions that if I don't give them the info that they will file a motion and request costs.
I have no problem with giving them all the info, however I do have a problem with give out bank statements! Do I have to give them bank statements?....not to mention...I've agreed back in January when we were in court to give them all this info as it became available but the bank statement stuff is new to the table and I'm not about to fork over that type of personal info..... I feel it's absolutely nobody's business what my spending habits are.
What relevence does this have one anything provided all the other info I have or have to provide.
Could anyone give me some advise?

[standing on the sidelines]

I can understand your thoughts on the giving out of the bank information and ot wanting to do it. But on the other hand if the account has been seized by Fro and they are taking every cent then that shows you have no more to give, no extra money at all. That would work in your favour. If there are any deposits made from money you received from friends get documentation to prove that it was from them and not money you are trying to hide. I am thinking just do it and get the whole issue resolved.

[FL_Needs_To_Change]

Have you sent a copy of the January order to FRO?
It does not have to come from a lawyer as long as it is an official order signed by a judge.
Then the FRO will have to enforce it by removing the seizure and adjusting your account to reflect monies they took when they should not have and show all credits to your account. And no further money should be taken until the support order catches up to the amount that they had taken.

I'd make sure to follow this closely and ensure that FRO is indeed seeing things the same way as you.
I had a fight with FRO improperly enforcing an old order and my bank records were different from what FRO was claiming.
So I copied the bank statements and highlighted the FRO statements and did the math for them. I did this on many occasions until they finally woke up and admitted the error. I faxed copies of the new order, I send the new order via registered mail requiring a name and signature. It cost me a few bucks more but in the end worth it. I think it took me over a year to clean the mess up. Sure that meant opening a new account for my money but at least FRO didn't know the account number, FYI I also used my child's name on the account until it was fixed then I took the child's name off and provided the info to FRO and things are fine now. FRO has its benefits and of course problems, but remember they are people on the other end that have no knowledge of your case nor what you are going through. They see an order provided by the court and that is all they see. Some times it is hard to get them to see anything else, but not impossible.

[AtALoss]

Problems with FRO

We are sorry to hear of your problems with FRO. They are showing their typical attitude. I know you want your privacy respected but as the others have commented give them your orders and the bank statements... what ever they want as it will show them just what is going on.

On a more personal note I would like to give you my spouses blog address. He has had a lot of problems with FRO and we are fighting for reform to their policies and some family law issues. Hope that you will give it a read and let us know your reactions. We hope for change that will be good for all. Talking with him may give you some insight to dealing with them.(FRO). Richard's space - Windows Live

AtALoss & constitution1

[Chopper]

Thank you very kindly for everyones replies. I just wanted to clarify that it's not the FRO requesting my bank statments, it is my former spouces lawyer that is requesting them. I have no understanding what bank statments have to do with anything? I don't have any money in the bank except what has been deposited from my new employer. I have nothing to hide, however moving forward in life I have no intention opening up my financial information and spending habits to my ex. It's none of anyone elses business, I feel all the other information in terms of T4's and notices of assessment should but plenty.
To me this seems like another one of those "I have the power" games that the ex is playing.
Do I have to supply this info by law?
I don't understand the relevance that this has on anything...please keep in mind that the divorce is final so there is no other issues to contend with.
Thank you guys so much for your advise!
Kind regards

[Suchislife]

If you are the support payor it is up to you to sort things out with FRO.
FRO started their enforcement order on your bank account due to outstanding arrears. Call a case worker and speak to them. If the temp order was made in January the FRO should have it by now. They will make the adjustments once they see it. Are you saying your ex is stalling in getting the order endorsed? If not, speak to the court clerk and get it forwarded to FRO.
In the meantime deposit you $ into a different account.

As far as the bank statement's go, I wouldn't provide them to an Ex and a lawyer. This is NOT proof of earnings and is proof of spending which they don't need. If you did not agree to that part of it in January so be it.

[independentgal]

If you undertook to provide the statements during document disclosure, discoveries, or questioning, then you need to provide them. The only time I think this would be relevant is if you are self-employed. It is standard to provide this information if there is any doubt(even without doubt) about expenses that are written off in the course of a small business which count as disposable income and are therefore to be included in the amount of income to determine child support.


My lawyer said to me that in a divorce, you need to be totally transparent. This usually results in both parties grudgingly giving the other their personal info and a speedy resolution to the issues so the requirement for disclosure ends.

Maybe you can go to a free legal clinic in your area? FLIC(Family Law information centres) in Ontario are held once a week(go an hour before it opens and get in line or you will be all day). Bring papers to verify your income(or non-income) like a paystub or last income tax and a lawyer will help you. Bring blank forms from ontariocourtforms.on.ca that you think you might need and they can help you fill them out.

Good luck!

[copper]

I don't see what your Ex seeing your bank statements would have to do with your current situation?
You have been asked to prove your previous earnings by T4 and tax assessments, these should be adequate.

If the Ex and lawyer continue to insist on seeing your current bank statements then you should insist on seeing her's.

I'm sure you know what the answer would be to that request!.......IMO Either both of you exchange info or neither.

[AtALoss]

As you mentioned before you had a period where you were not working...now you are. They FRO and her lawyer are fishing for income. See if you are making more. Hence can either pay off what they say you owe and if need be pay more.

As for getting them to acknowledge orders It can take some time they like to act slow. My support order was declared Dec20th and finally faxed to them Feb4th, over a year ago. Finally after nagging them relentlessly it finally got adjusted by the end of June. (Yes I am a recipiant) still in arrears to date. but anyway.... the point of me bringing this up is they are slow at best with us (both sides) nagging them. Case in point, for my new spouse, it took them 7 years to finally acknowledge via a court order that they were enforcing an expired order. Go figure. My advice to all is to keep on top of them no matter what.

[AtALoss]

Also wanted to say might not be a good idea to open another bank account as they WILL find that too eventually.