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  • Stopping Child Support

    i am hoping someone can help answer a question for me. My sister and her husband live in Alberta. They moved there over a year ago as they both lost their jobs here in ontario. While they were unemployed, my brother in laws ex wife somehow got a judge to agree that he wasnt really looking for work and so based the child support on what he should have been making. He couldnt fight in court as they had no money for a lawyer. Now they have moved to Edmonton where they both got jobs and they know that the oldest daughter has finished university and the younger son has been out of school for a year and is working. the ex wife is still collecting the child supprt and they want to stop it however no lawyer here in ontario will take the case as they say it is to complicated or they dont call him back. Can anyone recommend some help for them. FRO is saying they cant stop the child support unless he gets a court order but he lives in edmonton.

  • #2
    I am from Edmonton and we have lawyers just like they do in Ontario. There is legal aid here as well. The Order was issued from an Alberta court and they are best to deal with it in Alberta. They can go to the courthouse in Edmonton and ask for assistance the same way they would if they were living in Ontario.

    The first thing they should do is contact Maintenance Enforcement and explain their situation. the phone number is 780-422-5555. Best to call exactly at 8:02 AM and ask to speak to a collection officer. There is a website that they can access: MEPAlbertaOnline Your brother-in-law should have an MEP Pin Number and then he can go on line and look at his file.

    Alberta has a child recalculation program which doesn't cost any money. He can look up the info on line as well. If he doesn't have a computer he can go to any of the numerous public library locations and access a computer for no charge. With the help of this program MEP will examine his file and determine if he has to pay child support.

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    • #3
      This is one of the most stupidest things about FRO, MEP and the likes. Surely they must have a tracker for all the clients they are collecting on behalf, where they can add alerts to each one to notify them once a child hits 18yrs? This way they can check with the mothers who insist on being insincere, by continuing to collect CS even when kid isn't in school anymore.

      OP...if this person knows for sure that the kid isn't in school anymore, they need to get off their @$$ pronto and go get an order update at court. One does not need a lawyer for this, and once the conniving ex finds out about this move, they might come to their senses, and hopefully they are made to payback the surplus.

      I made sure FRO wasn't going to be involved in my matter, so I have the power to stop it as soon as child meets one of the instances where CS seizes. The divorce order lists all these instances

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      • #4
        I take it that the order for CS was made in Ontario and the ex and kids still live in Ontario??

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        • #5
          Ok wait. There is an order? Does it have a timeline in it? One degree? 20? 22? Indefinitely? Has your brother in law actually CALLED FRO? Thats the first thing. Call FRO and speak to his caseworker and tell them the kids arent in school and he wants the ex to be requested to submit proof they are still in school.

          A simple call will start the ball rolling. If the order specifically says they have to be in school then the ex has to prove they are registered.

          Do a search on this forum and youll find a few people with the same problem who resolved it this way. He has a caseworker on his file, he should call that person and discuss it.

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          • #6
            It's pointless people crying wolf, if they are not willing to do the leg work. If the BIL had a lawyer, then the lawyer should have done their due diligence by having the proper wording in the order as it pertains to CS.

            Additionally, didn't the order have something in there saying mom will provide school transcripts that shows kid is in school? This is usually a good way to tell if there is any funny business going on.....no school results means kid not in school.

            As someone else suggested, call the case worker and provide them any evidence you have, and concurrently go back to court to get an updated order submitting facts you have as evidence.

            I have a buddy in the same boat, and his ex numbnuts is using the money to actually go on vacations, and then dumb enough to post pics on Facebook. The kids are in their mid 20s and not in school, and she doesn't work, at least so she claims

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            • #7
              yes they live in Ontario

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              • #8
                He can start with calling FRO. The longer he waits to do that the longer the clock ticks. He may be able to freeze June's payment. He needs to call the caseworker on his file which is found in the letter they sent him. When he does, he simply explains that his children are no longer in school and therefore not subject to the order for support.

                He shouldnt do this without all his documentation. At this point Im going to give him the benefit of thinking he has all his paperwork that was filed against him as the other party was obligated to serve him and FRO would have provided documents advising of the start of the file and statements of account against him.

                If he spends his time standing around wringing his hands at the audaciousness of it all then I have zero sympathy. This is a fixable problem and it could be an easily fixed problem if he just picks up the phone and talks to his caseworker.

                Tell him to go find his paperwork and make the damn call already.

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                • #9
                  The children still reside in Ontario and it was the Ontario courts that made the order. The father in question will either:

                  a) have the ex sign a consent to withdraw from FRO, which can be found on the FRO website; or

                  b) file a motion in Ontario that c/s be ceased as the children are no longer children of marriage.

                  Those are really the only two options. And they both must be done in Ontario.

                  There is another part of the puzzle of whether there is any arrears due to loss of job and imputed income on the father. If there are arrears, then you likely cannot withdraw from FRO until those are paid as the courts and the ex won't agree. But if there are no arrears, than the father must get an order to cease c/s. There are lawyers that will do it, but the father is going to have to be willing to travel to Ontario to deal with this and also forward copies of all documents as when needed. Either that, or the father self-represents and does all the filings himself. That would require him to be in court for all court dates though (although he could as to attend by teleconference, but that isn't always granted).

                  Being in Alberta makes it harder, as documents have to signed etc. But it isn't impossible.

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