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  • #61
    Mcd: mr. Undischarged Bankrupt is not on title to the MH or anything else. He will not be on title to the next home purchased either. The wife and her parents are on title. The parents live several hours away. Ex finances all expenditures. Household, vehicles, etc. I'd need to go to court and have the courts add her as a "party to" under Section 42 of the F.R.O. Act, as she clearly is "sheltering" and "frustrating the efforts of the FRO, to collect monies owed.

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    • #62
      Correction: it's Section 41 of the F.R.O. Act. ^^

      Section 41, subsections (4), (5), and (12) to be specific.
      Last edited by hadenough; 08-23-2012, 03:38 PM.

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      • #63
        I was looking through the F.R.O "Act" and have a question re: Section 41. Under DEFAULT HEARING, S.41
        41 (1) When a support order that is filed in the Director's office is in default, the Director may prepare a statement of the arrears and, by notice served on the payor w/the statement of arrears, may require the payor to deliver to the Director a financial statement and such proof of income as may be required by the regulations and to appear before the court to explain the default. 2005, c. 16, s. 24 (*ex has not provided them w/the financial stmt or VAPS they requested)

        PERSONS Financially Connected to the Payor
        (3) The Director or the *Recipient* may at any time during a default hearing under subsection (1) or (2), request that the Court make an order under subsection (4) or (5) or both. 2005, c. 16, s.24.

        Financial Statement
        (4) The court may, by order, require a person to file a financial statement and any other relevant documents with the court, if the court is satisfied that the person is financially connected to the payor. 2005, c. 16, s. 24.

        Adding Party
        (5) The court may, by order, add a person as a party to the hearing if the court,(a) has made or could make an order under subsection (4): and (b) is satisfied on considering all the circumstances, including the purpose and effect of the dealings between the person and the payor and the benefit or expected benefit to the payor, that there is some evidence that the person has sheltered assets or income of the payor such that enforcement of the support order against the payor may be frustrated. 2005, c.16, s. 24.

        Order against person financially connected to the payor
        (12) If the court is satisfied that a person who was made a party to the hearing under ss (5) sheltered assets or income of the payor.. Etc etc "payor's" shall be read as "persons" 2005, c. 16, s. 24.

        *according to this - is it possible that I can ask FRO to file a default hearing? EX is in huge arrears, he has not returned the financial statement to FRO, he owes my lawyer money that I'm supposed to collect (?!) And his wife definitely "shelters income and assets" - I have plenty of proof on that front. Relevant proof, not just my 'opinion' or belief.

        Has anyone had a person "added" or requested a default hearing to be scheduled? Their house will sell sooner or later. His name is not on title. But if she were added as a party - FRO could register a lien to collect the arrears.

        Thanks for any thoughts.

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        • #64
          * double post*

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          • #65
            I despise people who hide behind the skirts/coat tails of their significant other, particularly when it is pertaining to child support arrears. I hope you are successful in nailing the bitch. It's just a big game to these types of people, meanwhile you are out tens of thousands of dollars while they buy and sell nice homes, drive nice cars and have their kids in designer clothes. Ha Ha Ha - well hopefully you will be the last one laughing.

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            • #66
              Thank you arabian. I will look into this asap. Then I will report my success (or lack of) by continuing to add to this thread with updates. It may help others in my position.

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              • #67
                It seems after having the same FRO agent, whom I quite liked - my file has been assigned to someone else? Still haven't spoken to the new agent - only got voicemail. This one does not respond nearly as quickly and I don't know why there's been a change. Do they do this routinely??

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                • #68
                  hadneough: they probably have a secret code word for you or a red alert flag or something like that.

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                  • #69
                    Ha. Or a secret code word for "her ex is a non compliant ass, whose arrears are going sky-high" and a real hard ass needs to be on the case :/

                    I'd like them to schedule a default hearing and have his wife, who is 'sheltering' money, added as a party. To our "party"

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                    • #70
                      Update: I've 'lost' my worker assigned to me so I've had to speak w/different ppl @FRO. They are a Godsend in my books. Ex is still not in full compliance (typical) but they have been quick to put their enforcement methods on him. Anyone I've spoken to (@FRO) is thorough, informed and they have been quick to act.

                      Each month he pays more than the month before so that's encouraging. He has about 3 weeks now to come up w/the new arrears accumulated in FULL.

                      It's about freakin time the gears were put to him. For years he sent me very low amt cheques, and often late: all while he lived the 'life'

                      The party is now over for him, calling all the shots. I'm so happy the Fro is involved.

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                      • #71
                        Anyone ever heard of the FRO accepting a "verbal proposal" re: pymt of arrears? Well, FRO informed me last week that they (almost 2 wks prior) accepted a VERBAL AGREEMENT of $xxx extra per month, for the next 12 months.

                        I'm not entirely unsatisfied w/the "agreement" they struck but I would have liked to have been made aware of it. EX all of a sudden was able to pony up several extra hundred dollars per month, w/out submitting a sworn financial statement. *The ONLY reason he agreed to this was b/c his DL was about to be suspended**

                        He was not allowed to enter into a "VAPS" b/c he had new arrears on top of older, court ordered arrears.

                        Has anyone had a similar experience?

                        Thanks,

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                        • #72
                          May I request that the FRO get a current Financial Statement from my ex? I am still surprised that they accepted a verbal agreement :s

                          I know I wouldn't get to SEE his Fin-Stmt, but I think they should get one from him for possible future 'use' and for their records. I also realize that the FRO has the legal right to accept a proposal from him without my 'approval' or input with respect to the "amount" of that arrangement: but it would have been nice if I'd been told by them that he made the verbal agreement. I eventually found out, but it was a few weeks after the fact.

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                          • #73
                            Your ex can't ignore FRO. If he is working then they will send a letter to his employer and they HAVE to deduct from his pay. I'm a Payor and have had problems in the past with issues of non-payment letters. My support comes off my pay every pay. I ALWAYS pay. They can be a little mixed up at times but i'd say overall, in the last few years they've gotten their act together.

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                            • #74
                              EX is self-employed.

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                              • #75
                                IMO it sounds like a reasonable outcome.

                                Consider FRO a collections agency, albeit with teeth. Your ex does have to deal with them, but if he is making reasonable efforts to repay the arrears to them then they won't do anything drastic.

                                It's a lot better than an ex who won't repay any arrears at all...

                                Comment

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