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My future - sposal support and the FRO

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  • My future - sposal support and the FRO

    Hi all. I beleive the FRO here in Ontario is taken in a bad way by most on this site - respecting everyone here I could be wrong ????

    What I am really concerned about is my future after all this gets settled and sadly I will be very much dependent on her for SS as CPP Disability doesn't give enough to be even poor! So my concern and question is this:

    I accidently came across paperwork for refinancing this house dated last month (to which I am "cosigner" on the property deed). I called my bank manger just to be on the safe side to confirm that yes - there is no way she can even borrow against this (our) property unless I sign so this is good. It is just one more piece of the little puzzle on my wife's thinking. She thinks she can swing this (keeping the house that would require her to sign a huge mortgage. If she has even heard a little equalization will be in my favour even if at this time she or we can not come to reasonable terms as to what that amount might be. Whatever the amount it will mean even a bigger chunk of cash she will need.

    This is where the FRO may come in for my "protection" should our settlement end up with monthly SS payments. I have been figuring as well and i really do not think there is enough asset for her to settle (actually it is not even close). Should my Wife - Ha! sorry all STBX! makes her own choice to mortgage up to "over her head" I shall assume that our final settlement does have an element of SS. Say my STBX goes for it and gets the mortgage and our agreement has SS and my wife runs into the dillema of only being able to pay the mortgage or the SS and she chooses the mortgage then exactly how does the FRO step in??????

    How how does FRO really work? Does one of the spouses have to "sign up" with the FRO or is it just an automatic thing that is done for all - FRO is involved in all support cases. Thinking the worst, it would first start with the first monthly payment missed, then maybe the second or perhaps only a part payment is made.......how long does it go before the FRO steps in to help the payee? What I am trying to do now is to understand as I build my realistic budget based on things that can go wrong. Can anybody tell me the scoop? (And yes I have heard or read the horror stories of non payment - which i would not wish on anyone........)

    My worry is yes my STBX has the right to drown in debt - I also see her not looking at the "big picture" and making her choices based on absolutely no solid evaluation or financial feasability just the emotion "I want my house!" Can anybody fill in some details for me?? thanks to everyone.....

  • #2
    Spousal and child support is initiated by the courts once a court order has be filed with the court.

    However, if there is arrears owing and it is stipulated on the Order the person owed the arrears will be given a green sheet from FRO which is to be filled out and then submitted to FRO.

    The individuals income will be decreased up to 50% until all arrears are paid.

    Any assets/debts are not taken into consideration when calculating support payments only your income.

    Comment


    • #3
      Things have happened in the last couple of days with her taking $4400 out of the joint account that is - was used to pay the bills. I asked her three times to return the funds and or supply the receipts - she did niether and with the last no I hit the enter key - the $700 that was left was transfered to my personal account. My STBX has really played by her own rules - has played games and has tried to continue to pull the strings of our family. No more - I am done giving her the doubt and going easy on her for respect of our 24 year marrriage and our three children.

      So you did mention a green sheet when the payments do go into arrears. If I chose right from the beginning to not deal with her one on one can I just ask the FRO to be the middle entity where right from the first payment of Spousal support she would have to give it to the FRO. When this is done I would be very happy to never have to interact with her ever again - if it wasn't for my need of spousal support..... So can i have or make an application for the FRO to start right away so I do not have to worry or deal with anymore of her games, lies, twisted........ she has "stolen" enough from me I have reached my limit - I am no longer going to be nice for the sake of the kids. Do you have any knowledge about how and when the FRO can be brought in (even if she is up to date?) Tahnks

      Comment


      • #4
        When there is a court order for support it goes directly to the FRO and they deduct from her pay and send you a cheque.

        You have to file a withdrawal from the FRO to stop the deductions, otherwise they just do it.

        You need a court order first. Don't count your chicks before they are hatched, you have a long road ahead.

        Comment


        • #5
          As stated below a judge needs to endorse a court Order.

          I'm not sure where you proceedings are at or whether an Application has been filed with the court yet.

          Here are a few options for you:

          1. Have you or your ex filed an Application with the courts? Which is a court document with a court file number.

          2. If you find your divorce is too advisarial and you find that trying to negotiate is costly and a waste of time, you can have a Case Conference. Some Judge's might make a ruling after a Case Conference and the Judge could endorse an Order.

          3. If you haven't filed an Application you could try preparing a Separation Agreement.

          The sooner you can get this moving within the courts or by a Separation Agreement the less costly and emotionally draining it will be for everyone.

          Divorce is never an easy road and it's disgusting when their is a spouse playing dirty.

          Just know that the law is the law and in the end Justice will prevail even against the spouses that are playing by their own rules.

          Even if you have a lawyer you need to read every word that is written in Minutes of Settlement because "one" word can change an entire sentence.

          Hope this helps.

          Comment


          • #6
            Also keep a log of every debit that has been transacted from the account along with proof and start a file.

            Get a copy of the transaction either by your bank statement or by using the internet.

            Anything that has been transacted after the Date of Separation is solely responsible by the person whom did the transaction.

            If that means someone took money out of a joint account then 50% of that belongs to the other spouse.

            Comment


            • #7
              I crashed over the keyboard as I typed this last night - this morning there have been some really helpful info regarding the typical steps that need to get done to make anything happen. This is a great start as I now know we went down the wrong road with a medeator at the start. I have made great headway in beginning to understand the process and the details of our situation........ and I am alone here in a house of five people - almost feels like I am the evil one just because I am protecting my rights. I have to.

              I finished the post from last night but I am not going to put it here. I think it deserves to go in the general section as it is more a revelation.... perhaps a vent but it does speak to me, my demons that I must face the challenge each and every day - and then there is this.........divorce.

              Thanks to all aho posted - if you care to take a peek at the "main post - I do not know if this is a vent or a tragity" that I ended up spending all night on. Really because I woke up at 7 and peeled my forehead off this keyboard!!! Regards.

              Comment


              • #8
                Hmm, does anyone know if there is a deadline to apply for spousal support? My ex is in BC, been separated since June 2009, I am in Ontario...BC has deadline of must file within one year of separation. Does this apply for Ontario as well? Thanks. We have not filed for divorce yet either.

                Comment


                • #9
                  deadline for applying for spousal support in Ontario

                  Hello:

                  Does anyone know if there is a deadline to file for spousal support? My ex lives in BC, I am in Ontario. Separated since June 2009, neither of us has filed for divorce yet either. BC shows a deadline to apply for spousal support of one year from separation...does Ontario have the same rule or ? Thanks!

                  Comment


                  • #10
                    the issues you deal with are two provinces - people here know their stuff and can help but you need to be very specific on where you resided when you became "seperated" and until the separation agreement is filed with the presiding jurisdiction (think that is the terms) the actual date of seperation is a real loose date - you can even have two seperate residences and remain married (and have better marriages than those living under the same roof).

                    Growing up, my best friend's parents had a marriage just like that - they didn't use courts or judges - they just made it work. I once asked his mom and her answer was, "under the same roof we fight like cats and dogs. With Vic, his dad living in an apartment and paying as much support as he could they had to happy households and they had the best communications and as in her words - a better marriage than she could ever have dreamed of."

                    So to you, put specifics done, places, dates and if both of you are on the same page when it comes to a date of seperation, which loosly defined in the act is the date in which eother party felt that there was absolutely no chance at reconcilliation. This would mark a date of seperation. Again this date is not recorded officially untill the right paperwork is filed with the family court. One important fact is also the agreement between the two of you - are you amicable especially when it comes to the support - you do not mention if it child or spousal - both have thier own set of rules and conditions as well.

                    Comment


                    • #11
                      We know what date separation is, June 2009, there is no separation agreement, separation was in Ontario. I moved to BC in Sept 2009, been living common law since. My ex lives in Ontario. I am soon going to file for divorce. Rumour has it she is going to counter with a request for spousal support. However, I am on disability and make less than $900 per month in BC. So, I think it's a non issue as income too low. Maybe I should pull the reverse and request spousal support from her, kidding, just want the divorce. We have no kids, she has everything, I walked with nothing...so nothing to split, divide, etc...all that is history, just want the divorce. Just wondered if her time was up...also, I see there were 9 replies to my previous post...but I have no idea how to get to, or if what I am seeing above this message are counted as 'replies' to me...as nothing to do with my original post really. Good luck to all. Thanks!

                      Comment


                      • #12
                        Hmm, doubt it but one never knows how the mind works...at the end of the day there is nothing to equalize...I have nothing, half of nothing is nothing...my common law spouse supports me. The only thing, equity, asset I have is my CPP disability, period. NO money, no NADA...thanks.

                        Comment

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