FRO Discrepencies - Any Advice?

[#1StepMom]

I know that ideally, the best course of action is to take the matter to our local MPP. However, we would like to make sure that we have followed all the steps prior to doing so.

The problem: FRO claims that arrears are owed in a higher amount than what has been calculated by the support payer and recipient. Both the payor and recipient agree on the amount of arrears remaining, based on their respective calculations.

The FRO has threatened to report the payor to the Credit Bureau if he does not pay the lump sum immediately. After discussing the matter with FRO agents, the payor was told that he cannot do a Voluntary Arrears Payment Schedule, that he can only pay the lump sum in order to not be reported to the Credit Bureau. (The payor does not have the means to pay the lump sum at this time.) The FRO also indicated that once the lump sum is paid (which will erradicate all arrears owing) they will continue to withdraw monthly arrears repayments on top of child support. They could not explain why they would do this if arrears would no longer exist after the lump sum payment.

When questioned why the FRO's calculations differ from the payor's, the payor was told that the FRO calculations are the only that matter and that there are no mistakes because "that's what shows on the computer." The payor was not able to obtain any information as to how the FRO is calculating arrears and whether they are actually abiding by the word of the court orders.

When asked if FRO could provide a statement showing their calculations, the FRO indicated that they do not provide such information, that "the computer is always right."

In the meantime, the support recipient has confirmed the amount the payor claims is owed, and is willing to pay. The payor has asked that the support recipient send the FRO a fax indicating her calculations, which she plans on doing this coming week.

Meanwhile, it has been almost 3 weeks since the payor's phone calls and faxes to the FRO. No information has been received and no response to the payor's requests either.

Any thoughts on how best to proceed in this matter?

Thanks.

[standing on the sidelines]

geesh i wish people would realize that computers are only as good as the person feeding the information into them. To totally rely of what the computer says is a lazy way of doing things. They should look at the numbers and figure it out especially since both parties agree on the amount. No advice for you sorry. At least both parties agree on the amount so that is a point in your favour.

[#1StepMom]

geesh i wish people would realize that computers are only as good as the person feeding the information into them. To totally rely of what the computer says is a lazy way of doing things. They should look at the numbers and figure it out especially since both parties agree on the amount. No advice for you sorry. At least both parties agree on the amount so that is a point in your favour.

Both my husband and I have said this to them on numerous occasions. Yet the continue to believe that their computer is always right, and that they must enforce what the computer tells them.

It's quite ridiculous.

After thinking a little more about it, I think the reason for the $300 discrepancy is that perhaps FRO is calculating interest on the arrears. Neither the payor nor the recipient calculated interest in their calculations. I wonder if both parties agree on the amount, if the FRO will willingly change it (and remove the interest charges).

[frustrated11]

try calling the FRO lawyers and see if they can help get this resolved

[#1StepMom]

try calling the FRO lawyers and see if they can help get this resolved

Are they costly? Because if we have to pay $300/hr for a lawyer, we'd rather just pay that $300 to FRO and move on. At this point, given all the headaches we've experienced (and not just on this issue) with FRO, we're actually contemplating just paying the extra $300 they claim we owe, just to not have to deal with their nonesense.

[logicalvelocity]

I think I would pay the FRO the $300 and get the other parent to cut you a cheque for same since they agree on the discrepancy.

FRO's Statement of Arrears is presumed to be correct during default hearings unless the contrary can be shown.

[#1StepMom]

I think I would pay the FRO the $300 and get the other parent to cut you a cheque for same since they agree on the discrepancy.

Ha! If only this were possible! Any "extra" money sent her way is always viewed as a "gift" and never sent back. We've been through this in the past... with FRO withdrawing more than they should and refusing to give us a credit, but rather saying we should ask for the money back from the recipient. We have yet to see a cent.

[logicalvelocity]

Ha! If only this were possible! Any "extra" money sent her way is always viewed as a "gift" and never sent back. We've been through this in the past... with FRO withdrawing more than they should and refusing to give us a credit, but rather saying we should ask for the money back from the recipient. We have yet to see a cent.

lol,

As demonstrated, she doesn't actually agree to the deficiency then. Value aside - one could bring a motion in the same court to change the statement of arrears to reflect their orders. It's more or less a review. I think I would also be seeking costs over the three hundred - discrepancy.

[Nadia]

#1st Step Mom

As far as I know FRO can not charge you interest on arrears automatically. The receipant has to do his/her sums and then submit a separate form to FRO to have any interest owing taken into account.

[#1StepMom]

As far as I know FRO can not charge you interest on arrears automatically. The receipant has to do his/her sums and then submit a separate form to FRO to have any interest owing taken into account.

The recipient will be calling FRO today (or tomorrow) to inform them of her calculations, which match ours exactly. We just have to wait and see what happens.

It's not so much the $300 we're worried about... but rather the lack of consistant information and communication on FRO's part. Every time we call, we get a different agent who gives us a different answer, which doesn't correspond to the information provided on the FRO website. It's quite frustrating. And when we ask for specific information, they say they don't provide that. We have sent countless faxes (paper-trail) to which we have yet to receive a response. It's more a matter of principle than anything else at this point.

[Mess]

At the $300 mark I'd consider taking them to small claims court. If you have the time you can do it yourself.

[InterprovincialParents]

Each person is entitled to a personal "case worker" at FRO. Find out who yours is. Next step, talk to their supervisor, then the Director...

This is the first time I have heard of FRO ordering a lump sum amount for arrears. Is there a court order enforcing that? If not, look at filing an emergency order, to fix the arrears at something that is manageable and workable going forward on a monthly basis.