FRO - what do they do?

[LisaS]

Hi all,

I'm new here - and to separation agreements and custody in general - so your help, guidance and experience is very much appreciated!

My partner has just been told by his ex that she has contacted the FRO as she's claiming that he is in arrears for child support. Not true - they signed an amendment to their separation agreement three years ago to lower the payments (he's making less money now than he did when they were married), however he (foolishly) did not make a copy of this and now she's claiming that this amended contract doesn't exist and that based on the original agreement he's in arrears.

I've tried to find out what exactly the FRO does on line but their website is confusing and vague (signs of things to come?). Can anyone please let me know what we are in for? Do they listen to his side of the story and do they sit down for mediation, or are they solely focused on getting the money they think she is owed without any investigation? Just want to know if we should be looking at getting a lawyer now - agreement is way outdated and needs to be redone anyways - or wait until this FRO thing shakes out?

Many thanks in advance for your guidance - just trying to prepare for the battle!

[blinkandimgone]

Were either of the agreements filed with the courts? FRO will ONLY enforce agreements that are filed with the courts. If the original one was filed and the second wasn't, they will go with the original one. If neither was then FRO won't touch it.

If the second wasn't filed and she claims it didn't exist, he can file to have the amount adjusted to reflect his current income and try to have it back dated to when his income went down, he may not be successfull however he can always try.

IF FRO goes off the first order than he will indeed appear to be in arrears and must pay that amount until a new agreement is signed and filed with courts, even then it will take some time before FRO applies the changes.

[LisaS]

Great thanks @blinkandimgone - that is helpful.

Yes the first one was registered - the amended one was supposed to be on good faith - so clearly it's the first one they'll use then.

Okay so then the FRO is only interested in getting the money that appears to be in arrears, and no mediation or taking 'his' side of things into consideration?

I just want to make sure that I am clear on the FRO's mandate so that we can start parallel action if the FRO isn't going to help mediate a new agreement.

[blinkandimgone]

FRO simply enforces the orders filed with the courts. They don't get involved in mediation or anything else. They CANNOT make any changes to an agreement, that must be done between the parties, filed with the courts and then the information sent to FRO to enforce.

FRO is not in the business of mediation, their job is simply to enforce the orders - nothing more, nothing less.. Your guy will have to file to have the amount reduced based on his current income levels, provide his income tax assessments - dating back to when it changed if he wants to try to have it backdated. Once that is done, sign the new agreement, have it filed with the courts and voila.

[blinkandimgone]

He should also consider providing documents of payments to her in the reduced amount dating back to their amended agreement to give some strength to his argument that the reduced amount was agreed on. They will ask why she didn't file with FRO sooner if he wasn't paying, as well they may ask why he didn't file to have the amount reduced sooner. Whatever documentation or correspondence he has to support that they had agreed on it will help.

[LisaS]

Okay great that definitely clears things up!

So should he file with FRO a separate case right away or wait until he hears from FRO from her end - ie keep it as all one case or two separate ones?

Tx

[LisaS]

He should also consider providing documents of payments to her in the reduced amount dating back to their amended agreement to give some strength to his argument that the reduced amount was agreed on. They will ask why she didn't file with FRO sooner if he wasn't paying, as well they may ask why he didn't file to have the amount reduced sooner. Whatever documentation or correspondence he has to support that they had agreed on it will help.

Well see this is kinda my point to him - he's been paying via bank transfer for >2 years so there's that documentation which supports the fact that there is a side agreement that they had come to. Hoping that will strengthen his case a bit ...

[blinkandimgone]

He doesn't file anything with FRO, he must file with the courts a motion to vary child support.

Read this link to get a better understanding:

Child Support Arrears Variation: Motion to Change Child Support

[blinkandimgone]

Well see this is kinda my point to him - he's been paying via bank transfer for >2 years so there's that documentation which supports the fact that there is a side agreement that they had come to. Hoping that will strengthen his case a bit ...

Bank transfer is just fine and often recommended. You should be able to get documentation from the bank detailing all the payments. He will have also noted on each payment 'for child support'.....right?

[LisaS]

Thank you very much! That is a great resource and I really appreciate all your help - this can be so confusing!

[LisaS]

Bank transfer is just fine and often recommended. You should be able to get documentation from the bank detailing all the payments. He will have also noted on each payment 'for child support'.....right?

Good question - I don't think so - only when she request early the subject line was 'Feb 01 2011 payment as requested early' or something like that. Will definitely make sure he notes that moving forward ... for what it's worth now!

[AtALoss]

Its true that FRO will do nothing with out an order and if they do have one unfortunately a payor gets little respect or cooperation from them.
I think what may be best is to file a Motion to change. This will enable the support to be varied to reflect the current income. You can do this on your own or have a lawyer but best to have some consultation to make sure that all is done proper if you self represent. FLIC and legal aid would be of help to sort the process out with you for going back to court. As you can see you will have to get back to court as that is all FRO will listen too. Either way be sure to stay on top of it be there for every step and have all your documentation ready. try to get proff as well of the good faith agreement too if possible. Good chance though by going through the proper steps that it will get reduced on the income alone. You will need to present proof of that income (more years the better. Income tax and recent paystubs should suffice.
If you need info in the forms etc just ask and I can offer such as to how to get. If you go with a lawyer they will have it all too.

[LisaS]

Okay thanks @AtALoss. Motion to Change sounds like the best option and hopefully we won't get eaten alive in lawyer's fees and drag this out for months ...

[NBDad]

While you are at it you may as well request a clause be added going forward to exchange income tax returns each year and automatically recalculate the child support based off the line 150 incomes and the table guidelines.

Will take the wind out of her sails and hopefully help avoid future issues like this one. IF she files with FRO and you receive notice of same from them, he must STOP ALL payments directly to her and instead wait for FRO to enforce.

Otherwise it's free money for her, as FRO won't usually recognize any payments made in the interim. So the second he gets word officially that FRO is enforcing, she gets NO money from him directly, not early, nor at all.

FRO usually takes 3-6 MONTHS to get their asses in gear, so maybe that'll drill home the point that she should have been more reasonable.

And of course, if she is unable to care for the children without the support money, he should be offering to "take them until she can make arrangements" of course SHE can starve...the kids need to be taken care of

Also, once that clause is inserted and assuming FRO is involved, each year he request her income tax return, gives her his, figures out what the new payment should be and gets the forms from FRO to have the amount modified (up or down) accordingly, fills it out and requests she sign it.

If she refuses, you drag her back to court and ask for costs. The important thing is to be consistent, if you increase it UP voluntarily when you are supposed to, then it's a much easier sell to have it decreased as well.

[LisaS]

Thanks @NBDad. Didn't realize about paying FRO directly, so that's some great advice!

I think we'll wait to do anything until we hear from FRO - if we do at all. This could be another one of her scare tactics, as she did just buy a home gym this past weekend and now needs the cash to pay for it ...

Good to know what we're in for if it does happen though - at least we can ready all the necessary paperwork and documentation in the event that this happens.