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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 02-09-2018, 03:59 PM
mollysmoth mollysmoth is offline
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Default FRO - 1st hearing. What to expect? (ex does not pay child support)

So, my ex does not see our kids at all. he also doesn't pay child support. When we were divorced he never provided anything until I reported him to FRO and support was enforced. That took 2 years. He had a job for 5 years and refused to provide his tax return and did not comply with anything on separation agreement/order. When he lost his job he did not tell me and the only reason I was able to get it reinstated was because he needed something from me and I refused to comply unless he told me where he was working and he gave me copies of his tax return. I didn't receive copies but I did confirm that I had been underpaid all those years. He was making close to 6 figures and was only paying me support based on 30K. That's another story. So, now he is in arrears again because he left the job and will not respond to my requests or FRO's letters. They have scheduled a hearing for March.

What happens at these hearings? My caseworker is not helpful at all. Can I submit information (ie. the background details covered above) to help the judge make a decision? Should I show up at the hearing? I am afraid of him and I don't want to be in his presence but I will do it if it will help. Will they demand a payment right there? I have no clues or guesses. I don't have a lawyer. This is in Ontario. The hearing will be in Oshawa. Also, can I find out details of the hearing? How?

sorry for all the questions
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  #2  
Old 02-09-2018, 04:51 PM
rockscan rockscan is offline
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Is it a hearing between you and him or FRO and him?
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Old 02-09-2018, 05:02 PM
mollysmoth mollysmoth is offline
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Him and FRO

My case worker said I could submit something hit she wasn't sure. I hair want to ensure that his history is takin into account. He is a snake oil salesman (literally: he does sales) and if he shows up, I wouldn't be surprised if he convinced the judge to grant him child support despite the fact that he chose to give up custody.
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Old 02-09-2018, 05:16 PM
rockscan rockscan is offline
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Thats FROs problem. If you have proof he is able to work or his taxes, give them to the fro lawyer. If you want to impute a salary to him you need your own motion.
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  #5  
Old 02-09-2018, 07:21 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by mollysmoth View Post
What happens at these hearings?
https://www.mcss.gov.on.ca/en/mcss/p..._hearings.aspx

and

https://www.mcss.gov.on.ca/documents...Guide_Eng1.pdf

The second link outlines everything that goes down at a FRO Default Hearing.


Quote:
Originally Posted by mollysmoth View Post
My caseworker is not helpful at all.
Common complaint. But, by going with FRO you have left the responsibility up to them to collect the money owed to your children.

Quote:
Originally Posted by mollysmoth View Post
Can I submit information (ie. the background details covered above) to help the judge make a decision?
Nope. It's between FRO and the other parent. You have given up your right to collect these funds by going to FRO. They are experts at collection so you should trust the process. It iss way better than you have to get the money yourself.

Quote:
Originally Posted by mollysmoth View Post
Should I show up at the hearing?
Not necessary nor recommended.

Quote:
Originally Posted by mollysmoth View Post
I am afraid of him and I don't want to be in his presence but I will do it if it will help.
It won't help. In fact, your presence may make it worse. I would recommend you keep away.

Quote:
Originally Posted by mollysmoth View Post
Will they demand a payment right there?
See the link (2nd) for possible remedies. Yes, payment in full is one of the remedies. But, there are others. Going to jail is another.

Quote:
Originally Posted by mollysmoth View Post
I have no clues or guesses. I don't have a lawyer. This is in Ontario. The hearing will be in Oshawa. Also, can I find out details of the hearing? How?
You should always ask Google. Google knows all... That is how I found the very detailed links above.

"Hey Google what happens at a FRO default hearing?" netted me those as my top two results. Both have all your answers.
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  #6  
Old 02-11-2018, 05:21 PM
mollysmoth mollysmoth is offline
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Thank you.

I was looking for personal anecdotes but I appreciate the time you took to respond.
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