I received a motion ruling today which includes spousal support. Is the FRO automatically notified, or must I file additional paperworks with them?
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Are spousal support orders automatically filed with the FRO?
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My ex's lawyer has sent me a draft order. I have replied saying I would prefer a court clerk to draft and file, so I can be assured it finds its way to the FRO. Apparently all support orders are automatically filed with the FRO. He replied:
As for your receiving the spousal support from FRO, this is the standard/quickest way for them to enforce it: you and I approve the order that I sent you and send that drafted order “approved as to form and content” to the courthouse to be issued. When the court returns the issued order, we file it along with a support deduction order and information form that the court will send to FRO. The faster you approve the order, the faster we can get it issued and entered, and the faster you will receive the spousal support. FRO will not enforce an endorsement, only an issued order, and there isn’t an issued order until you and I file an approved draft order.
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Originally posted by rockscan View PostA draft order? Is it a draft agreement? There are no draft orders. The judge approves an agreement which is then turned into an order or a judge makes an order. That is then sent to FRO.
Please find attached, Justice C ’s Endorsement regarding a motion heard before him on March 29, 2019.
My ex's lawyer than sent me a Form 25: Order (General) with the Temporary box ticked, that includes everything from the judge's endorsement.
Also, the date on the 'draft order' (as he called it) is the motion hearing's date, rather than the endorsement date. From ex's lawyer:
Attached is a draft order pursuant to Justice C ’s endorsement. Please approve the order by signing and printing your name in the allotted spot on the second page and return a copy to my office by email or fax. Once received, I will have my office file the order with the court.
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Also, rockscan, draft orders are a thing apparently:
https://lso.ca/lawyers/practice-supp...enter-an-order
Complete the form of the draft order
A draft formal order may be prepared by any affected party and sent to all other parties represented at the hearing for approval of the form of the draft. Usually, the draft is prepared by the successful party (r. 59.03(1)).
To make an endorsement into a court order, you or your partner prepare a document called a draft order, that you both sign. You must do this if you want an order that is enforceable. This means the court can order you or your partner to do what the court order says. Sometimes the court clerk prepares the draft order.
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As for your receiving the spousal support from FRO, this is the standard/quickest way for them to enforce it: you and I approve the order that I sent you and send that drafted order “approved as to form and content” to the courthouse to be issued. When the court returns the issued order, we file it along with a support deduction order and information form that the court will send to FRO. The faster you approve the order, the faster we can get it issued and entered, and the faster you will receive the spousal support. FRO will not enforce an endorsement, only an issued order, and there isn’t an issued order until you and I file an approved draft order.
A draft order? Is it a draft agreement? There are no draft orders.
It is not an opportunity to change anything, but it needs to be done.
Orders are enforceable once made, and does not require the order to be taken out, although FRO will not do anything until they have the SDO (which are issued when the order is taken out).
I have replied saying I would prefer a court clerk to draft and file
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