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  • LV Draft Order received.Any hope...??

    LV,

    I received a draft order from the exes lawyer and it complements the judges order. The Order provides for 1) Costs
    2) Support Arrears
    3) Signing over vehicles
    4) NFP
    5) Current support

    3: is no problem

    2: I am trying to get a loan to take care of this but if they garnishee my wages or seize my residence to pay for items 1 and 4 I will be unable to do this.

    I have a pension but it is not cashable until I retire, I want to earmark the amount due to her plus interest to resolve the costs and NFP.

    Can I still offer this? They actually wanted all the money now. I don't have any of it as I am in a consumer proposal sitation that gobbles up 15% of my net income. Spousal support and arrears if I can't get a loan would chew up another 25% of my income . Any ideas please.

    Thank you LV

    Mcbroke

  • #2
    Mcb,

    as you mentioned,


    2: I am trying to get a loan to take care of this but if they garnishee my wages or seize my residence to pay for items 1 and 4 I will be unable to do this.
    I see where you are coming from. Have you asked the other party for additional time. ie: a few weeks.

    I have a pension but it is not cashable until I retire, I want to earmark the amount due to her plus interest to resolve the costs and NFP.
    Will you have an available severance pay payable at retirement, rather than your pension? If so, this could be of assistance to you to settle.

    Can I still offer this? They actually wanted all the money now. I don't have any of it as I am in a consumer proposal situation that gobbles up 15% of my net income. Spousal support and arrears if I can't get a loan would chew up another 25% of my income . Any ideas please.
    Of course you can - the order is not filed. Advise them of the situation, It does not hurt to ask. They have a Judgment, but it is not as lucrative as they were seeking. Explain to them that if the support order is enforced and your wages are garnished through FRO, they are not going to get it all in one shot as per the order. It may be perhaps to their advantage to consider your proposal.


    lv

    Comment


    • #3
      Thank you LV

      I will try writing the Applicant and see if they will accept a designated portion of my pension in the amount the court had awarded them for costs and NFP plus interest until I retire and then the Applicant would get this amount paid out in cash (with tax implications for me), I will deal with the support Arrears and support payment with the FRO (I am trying to get a loan to pay off the arrears, if not I will submit a budget and the appropriate forms to the FRO.

      In regards to severance LV, no I don't get anything in that regard. All I have is my pension that is it.

      If they wish to garnishee my wages or seize what little property equity I have I believe the expense incurred by them would not be in their best interest.

      I thank you again LV, you have been my guiding light.

      For Pay it forward (I stood outside and in the cold last night and tried to encourage another man, who was lacking in self confidence and deeply stressed. I think I gave him some encouragement and try to reduce the stress that I know he was enduring. I think I left him with a smile.

      Thank you LV
      McBroke

      Comment


      • #4
        Mcb,

        If your ex has any common sense and knowledge of how the FRO will operate default policy to garnish wages ie: 50% maximum till the amount is paid, they should take your offer. I do believe FRO will perhaps accept a lesser proposed amount from you till the amount is paid. I suspect this is your leverage and your offer should perhaps focus around same.

        From the FRO website

        "If you fall behind in your support payments it is important to contact us as soon as possible. We will try to work with you to enter into an agreement to pay the arrears by installments in addition to paying your ongoing support payments. This is known as a Voluntary Arrears Payment Schedule (VAPS). If necessary, the FRO is authorized under the Family Support Arrears Enforcement Act, 1996 to proceed with enforcement action.

        The VAPS form

        http://www.mcss.gov.on.ca/NR/rdonlyr...volarrears.pdf


        I agree with your comment, sometimes an individually only needs a good ear to be listened to and perhaps receive some advice to gain perspective of their problem to get them on track to resolve same.

        lv

        Comment

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