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Catch 22

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  • Catch 22

    Any comments?

    Half of my Net income is automatically gone in SS and Im still shy of the monthly support amount, this is before an arrears notice was filed from FRO. It appears the only possibility of getting the extra to pay towards the arrears is to get a second job. How is this worthwhile when it would leave me wide open to be taken back to court and have my annual income increased just to end up paying a higher support amount?

  • #2
    Have you discussed it with FRO? I know many have their horror stories, but I have found that FRO is willing to work with those who are willing to try...

    Your other option would be to ask ex for a reduction in SS to maintain payment of CS. Court's view CS as a higher priority than SS.


    • #3
      I have tried to deal with FRO as best as possible but they say they are there to enforce the order not to make the rules. The minimum monthly payment they will accept is far beyond my reach, my ex is very vendictive and its a very bad situation so theres no discussion to be had. as far as CS, they are all grown and there is none.
      My only recourse appears to be is let FRO do what they will, I will pay what I can and wait for them to take me to court and claim undue hardship. I would sooner they just did it now and get it overwith.


      • #4
        Unfortunately, prior to a court date, they can also take other steps, such as suspension of a driver's license...Another option for you then might be to sign a release for FRO to take your Income Tax return, if you get $ back, to apply towards the arrears. If you do that voluntarily, FRO is a friendlier enforcer.

        It typically takes FRO up to two years to schedule a default hearing, so it'll likely be a while...have you talked to anyone about asking the court for a variance of SS?


        • #5
          Im going back to court next month, im on temp disability now so even less income, asked them to wait til i go to court and back to work next month and they refuse. Theyve already sent a notice that they take my refund and thats fine, Im under bankruptcy so I cant borrow and suspending my licence will eliminate my employment so I dont see how that will help.


          • #6
            And to make matters worse........ she is now employed for the past 7 months but although its permanent her employer has marked it as temp so Ive been advised that that wont due much in court and all the overtime I used to get went away a year and a half ago but because they base my income on the 3 previous years they based the support off a much higher income than I now get.


            • #7
              If you make considerably less, that is grounds to vary the order. Stop waiting for FRO to act, and be more proactive in your own situation.


              • #8
                You apparently did not notice my last statement. I am going back to court next month to apply for a variance. To make a statement stop waiting for FRO and be proactive I can only assume comes from someone who hasnt dealt with this situation. FRO have a minimum monthly payment which is way out of my reach and are not willing to discuss other options or to wait until Ive been back to work or court so being proactive is not an option.


                • #9
                  If you have a variance hearing scheduled already, make sure that it includes retroactive application of the new amounts, and then immediately file with FRO if you get it.

                  In the interim, pay what you can, unless you are under a garnishment order. (in that case, they're going to take it anyway)


                  • #10
                    You could have been proactive before it got to this stage...there are some things in life people need to take responsibility for, and our choices are one of them

                    Good luck!


                    • #11
                      Originally posted by InterprovincialParents
                      It typically takes FRO up to two years to schedule a default hearing, so it'll likely be a while...
                      Just to ask.. but is that the average?

                      No CS has been received by FRO from my ex since March 2010; his first default hearing was Nov 8th 2010 adjourned to Feb 2, 2011 (for reasons no-one has been able to provide).

                      Of course the arrears continue to pile up - he's at $8889 now


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