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Can the FRO garnish an RSP account?

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  • Can the FRO garnish an RSP account?

    So life threw a twisted ball again. I think I will go back to the LCBO and ask a refund for my New Years Eve champagne, because it seems nothing changed in terms of strange and screwy happenings in my life, they just keep coming.

    So I might need to move abroad. Maybe I will not have a job for a while and even if I have it will pay maybe 20% of my current salary. This means I will not be able to pay the current child support, and I'm afraid I will not be able to change the current order to something which is sustainable. I have some money on an RSP account, what I would like to keep there form many reasons. Will the FRO be able to garnish that?


  • #2
    If your income goes down it goes down.

    You will have to file a motion to change and/or get your ex's agreement.

    It's your responsbility and it's the only way to get the FRO to back off.

    If you don't get the court ordered amount changed, then the FRO's hands are tied, and you will only have yourself to blame if/when they continue to enforce the existing amounts.


    • #3
      Ex will not agree in anything. She didn't agree even when I offered to accept what she asked during a previous motion.

      I know the FRO will continue to try to enforce the current amount, but I will not be in Canada, so the question is clearly technical: can they garnish the RSP account or not which will be kept in a Canadian bank?

      And if you mentioned it: is there any way file a motion if I'm not in Canada and I don't have a lawyer?


      • #4
        Don't know about the RRSP for sure, but I've never heard of it.

        Don't know how you're going to file a motion if you're not here to appear and don't have representation.

        I'm sure you have your own reasons for choosing to leave the country for 20% of your current salary whilst the current order survives.

        On the face of it, it sounds like the enforcement of your current order is going to eat up way more than your new salary.

        If I'm reading you right, my priorities might be a little different than yours.
        Last edited by dadtotheend; 01-05-2011, 11:57 AM.


        • #5
          It seems that the FRO will not be able to enforce the order in that country.
          I'm not moving there for work. It is a scr*wed up country, where I came from 7 years ago. That is the average salary I can get there for the same/similar work, if I find work at all.
          There are many things going on, I'm just trying to discover my options, but it seems I can choose only between bad and worse.


          • #6
            Well if you end up returning here, you will have a mountain of arrears to deal with, which one can only conclude will be a pretty big disincentive to coming back.

            And if you end up leaving here for good without providing for your child.......well I'll let others weigh in on that.

            Good luck to your child.


            • #7

              Why are you even considering moving abroad when you are fighting for equal parenting of your child? If you take off it guarantees that you will not get shared or joint custody. If there is a good reason (though I can't think of anything more important than the life of your child), then sorry to come across so harsh - if you have just had enough of the tough times in your life here - then give your head a shake and concentrate on what is important. Make a list of your priorities #1 should be your child.

              good luck


              • #8
                choosing between bad and worse is usually not voluntary...

                I'm not escaping because I don't want to pay child support. I MUST leave for other reasons, and how much I can make here or how much I will make there is not really a factor in this.

                I have some money on an RSP account. I could pay child support from that for a while, and that would allow my ex to continue not working, while she spends maybe 25% of the current CS on our daughter. Or not providing any money which would force my ex start working again (she could easily find a job for 35-40K), which would leave my daughter with more money spent on her - and she could get a nice lump-sum from me when she is 18 in 11 years if I can protect my RSP.


                • #9
                  I've said this to you before ...

                  As a daughter - I would rather have my father in my life than a nice lump sum.


                  • #10
                    I know it is strange, but believe me my priorities are in place and they are the same as yours. I just found myself in a f*cked up situation this morning, and it seems right now that leaving is bad, staying is worse. Maybe I can find something creative in between, but I need to discover the new playing field, and one important factor is that RSP account.
                    Next Friday we will have the case conference about the access to my daughter, after that I might see things a bit differently, depending on the outcome.


                    • #11
                      You appear to be willfully trying to skip out on paying child support for your daughter...

                      As DTTE said, if your income decreases, there are legal procedures in place for you to have your child support lowered to reflect your earnings.

                      If you fail to do so, then FRO will continue to enforce the current support deduction order... and in doing so, they can:
                      • garnish bank accounts
                      • report you to a credit bureau
                      • suspend your driver's license
                      • garnish money you may receive from the Federal Government (for example, income tax refunds, GST rebates, employment insurance, Canada Pension Plan benefits)
                      • suspend a Canadian passport and other federal licences (such as a pilot's licence)
                      • place a lien on personal property
                      • reporting you to a professional or occupational organization
                      • seizing lottery winnings
                      • issue a writ of seizure and sale property you own
                      • Default Hearing (A Default Hearing is a hearing in family court before a judge. You have to explain why you are behind in your payments, and will face up to 180 days in jail).
                      • They can post your picture and profile on, and publically humiliate you.
                      So I don't see why they couldn't seize your RRSP...

                      You should call them and tell them you are planning on skipping out of the country, and refusing to pay your child support...

                      Then ask them what they will do to you: 1-800-267-4330...


                      • #12
                        And stop posting on this forum.

                        We can't possibly help you as you're unspoken reasons for having to leave are trumping other obvious priorities regarding your child's best interests.

                        Good riddance.


                        • #13
                          "don't want to pay" or "can't pay" are two very different thing. I might find myself soon in the second situation.

                          I asked how to file a motion from abroad to lower the child support to reflect the actual income, but nobody answered.
                          While I'm here, I can't file this motion, because I have no clue how much my salary will be and when I can start working again.

                          If you remove your emotions which cries that I don't want to support my daughter you will realize that this case is just a variation of a job loss, when you need to accept a much lower paying job. The problem simply is that the new job will be abroad.


                          • #14
                            Originally posted by rszalai View Post
                            I asked how to file a motion from abroad to lower the child support to reflect the actual income, but nobody answered.
                            Chuck you Farley. I answered and told you you can't do it if you're not here to appear or if you don't have representation. Or was your only version of an answer a magic potion solution to your problem?


                            Originally posted by rszalai View Post
                            If you remove your emotions which cries that I don't want to support my daughter you will realize that this case is just a variation of a job loss, when you need to accept a much lower paying job. The problem simply is that the new job will be abroad.
                            And if you take your head out of your ass, you will recall that I also said that the arrears that will build up while you are out of the country will far exceed your much lower paying job salary.
                            Last edited by dadtotheend; 01-05-2011, 02:38 PM.


                            • #15
                              Then stay in Canada, be a parent to your child, get a job that will at least put a roof over your head & file a motion to change the amount of CS; this is your child you are leaving behind, regardless of the financial aspect.

                              How can you even try to justify the choice of walking away from your own child.

                              Actually, that was a rhetorical question - you've obviously made your choice and it's all based on money.


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