Tweet
A friend has received a motion from her Ex where he is requesting expunging child support.
The court order for him to pay was issued in 1996 and he has never paid support (quit his job, lost his drivers license etc and moved out of province in order to avoid paying).
He owes a total of $90k +
My friend is concerned for her safety and has avoided him knowing her whereabouts so she is very anxious about attending court to defend the motion.
I know there is probably not enough information here, but my questions are:
1. He did not issue the motion to FRO - isn't that who would normally hande such requests (it seems form the Act they work on orders form the court, so I assume he didn't need to include FRO?)
2. His address and employment information is now known - should my friend report that to FRO so they can pursue their collections process and would they act in time before the motion is in court (Aug 20th).
3. If my friend does not appear in court, will she lose the motion automatically? One other party served the motion (as they have claims to the CS as well) did respond with an affidavit, for which my friend received a copy (that is how she found out a motion was in process and how he got her address, as she was listed as the respondent).
And the big one...would he ever be likely to have the CS payments expunged just because he has been hard to track and get payment form .
BTW It seems FRO didn't really pursue it vigorously once he moved out of province. I do believe there was a warrant for his arrest so would calling FRO and the police be appropriate as his current address is now known. PS Some family members have known he was back in Province (for a couple of months) and said nothing.
The court order for him to pay was issued in 1996 and he has never paid support (quit his job, lost his drivers license etc and moved out of province in order to avoid paying).
He owes a total of $90k +
My friend is concerned for her safety and has avoided him knowing her whereabouts so she is very anxious about attending court to defend the motion.
I know there is probably not enough information here, but my questions are:
1. He did not issue the motion to FRO - isn't that who would normally hande such requests (it seems form the Act they work on orders form the court, so I assume he didn't need to include FRO?)
2. His address and employment information is now known - should my friend report that to FRO so they can pursue their collections process and would they act in time before the motion is in court (Aug 20th).
3. If my friend does not appear in court, will she lose the motion automatically? One other party served the motion (as they have claims to the CS as well) did respond with an affidavit, for which my friend received a copy (that is how she found out a motion was in process and how he got her address, as she was listed as the respondent).
And the big one...would he ever be likely to have the CS payments expunged just because he has been hard to track and get payment form .
BTW It seems FRO didn't really pursue it vigorously once he moved out of province. I do believe there was a warrant for his arrest so would calling FRO and the police be appropriate as his current address is now known. PS Some family members have known he was back in Province (for a couple of months) and said nothing.
Comment