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  #1  
Old 07-27-2018, 11:11 AM
KarenAndSon KarenAndSon is offline
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Default issues with FRO

Hello, I am a new member and I am searching the site for any help with FRO. I live in Ontario, my ex husband moved to Alberta. I have one child. I was awarded some small amount of child support plus arrears 3 years ago. Finally the Alberta courts were able to collect my arrears. Now FRO is holding it and not releasing the arrears because they say my court order only requires them to pay me $30 a month in arrears. The arrears are paid in Full thanks to the great people at MEP Alberta.

FRO tells me to change the court order, to do this I need a lawyer in Alberta , which I have contacted a few, their retainer is more then the arrears amount so I'm not paying more to get less.

Anyone else have this problem with FRO and if so how did you handle it? At the rate they are paying me $30 a month it will take 100 months to get all my arrears. In the meantime they keep it and collect interest on money that is rightfully my son's.
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Old 07-27-2018, 01:08 PM
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arabian arabian is offline
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How silly.

I am a bit confused. Where did your Order originate from? (presumably Ontario as that is the residence of child).

Alberta MEP collected the arrears in full and forwarded to Ontario. Your problem isn't with Alberta MEP ... it is with FRO.

Even if it turns out (don't know why) you need to make a change you can do so by filing an Interjurisdictional Order from Ontario and it is sent to the Court in Alberta. You would have to look up how to have it served etc.

Before I do anything though, I 'd perhaps talk to a supervisor at FRO.

You certainly don't need a lawyer for this stuff - it's just forms.
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Old 07-27-2018, 01:21 PM
rockscan rockscan is offline
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Yes start with a supervisor at FRO. Then go to the Ontario Ombudsmans office if necessary.

What is the exact wording of your order for this though? Im wondering if the order says he will pay $30 a month of arrears but the amounts that have accumulated have been collected and they are misinterpreting your order?
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Old 07-27-2018, 03:25 PM
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So the order FRO has is that he pays $30 a month in arrears till it's paid off, but for some reason he paid it in full, lump sum to MEP? MEP has given it to FRO, but FRO can't do anything but pay it according to the court order. So you need a new court order.


If your ex is cooperative, you can just fill out a motion on consent to change that part of the order.


If your ex is uncooperative, you'll have to go to court, armed with your documentation that proves MEP got the full sum and FRO has it now, but can't dispense it to you, and your ex is not cooperating to arrange that. Be sure to ask for your ex to pay your costs due to him not cooperating with what should have been a simple matter.
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Old 07-27-2018, 07:43 PM
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I would read over the maintenance enforcement act. I don't believe there is anywhere that gives FRO right to hold on to arrears collected unless it specifically says that in an order. Arrears collected is money owed to you. A judge can order money held pending outcome of a hearing but that's about it. I went through something similar last year. I dealt with the matter in court via telephone.

Read the order carefully. It is not unusual for an employee in a call center to misinterpret things (front line staff in maintenance enforcement agencies are typically working out of a call center). Anyone with experience dealing with these agencies know that you can call 5 times in a day and speak to 5 different people and be told 5 different things. It is frustrating but do persevere.
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Old 07-27-2018, 10:51 PM
KarenAndSon KarenAndSon is offline
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Wow, thanks everyone for all the replies and useful information.

The order was done in Alberta, it's an Interjurisdictional Order from Alberta courts. He appeared in Alberta courts, I never did. I've always resided in Ontario and my son has always been with me. His father has no access rights nor does he seek them. I've read the order again, it states $XXX amount payable monthly plus $30 arrears monthly till the arrears are paid off then $XXX monthly. I even have transcripts of each time he attended court.

Yes each time I call FRO I get a different person. The last person I spoke with told me that I need to get the order changed and that until it is changed they (FRO) will only pay the arrears this way.

I have no way to contact my ex and I don't want to. I have peace and I wouldn't want to disturb that. He paid the arrears because MEP came down heavy on him with restrictions to his license and passport.

I will call FRO on Monday and see if I can get this Interjurisdictional Order changed, ask them for forms. When I spoke with MEP they consider my file up to date and feel that my issue is with FRO and not them. (face palm).
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Old 07-28-2018, 12:09 AM
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curious - which judge signed the order? Some aren't very well-versed with the ISOs.

I really don't think you have to change anything. Talk to someone senior from FRO. Because he has to pay you 30.00/month doesn't mean you can only receive 30.00/month. I think FRO is misinterpreting the order. Idiots.

My ex has garnishee. If they get money from him it comes to me. He has an "arrangement with MEP" but that is something entirely different. The two have nothing to do with each other.

Money is there and it is yours. Period.

You reached a twit(ette) is all.
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Old 07-28-2018, 10:28 AM
KarenAndSon KarenAndSon is offline
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I looked it up, it's Judge Veylan. I get more then $30 a month. I get the child support amount plus the $30 of arrears. I want the whole arrears amount because the ex paid it. It's a long story, took me years to locate the ex, he ran away to Alberta, had to hire a PI just to locate him to serve him with divorce papers. I never wanted anything from him, the court (Ontario) demanded there be a child support provision or else they wouldn't grant me my divorce. So, he pays the bottom basic amount someone on welfare would pay, he works in oil sands so he could pay a lot if I really cared to chase this, but I don't because I don't want him in my life and my son doesn't even know the guy exists. What I want is what he paid to FRO, which I believe my son is entitled to.
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Old 07-28-2018, 10:36 AM
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Is there an amount in your order for arrears? For instance “$1000 in arrears” or something like that that the $30 is applied to?

If this is the case then you can point that out. Do you have the freedom (ie time during the day) to speak with your local Family Law Information Centre (flic) at the courthouse? They may be able to help as well.

I think this may just be FRO being a pain rather than a need for a new order. He wouldnt have paid his full arrears amount if there wasnt a total number. Thats why Im wondering if there is a number in the order that MEP was able to collect but FRO is simply looking at the clause of $30 a month.

If there isnt, Im wondering if you can file an arrears statement with FRO for the amount owing, advise your ex you are doing that and then they will release the full amount.

Is there an amount in your order that clearly states the arrears he owes that is independent of the clause for $30 a month?
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Old 07-28-2018, 10:44 AM
KarenAndSon KarenAndSon is offline
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Yes, the order states a total arrears of $5000. Then it states that the arrears will be paid out at $30 a month until paid in full.

I do not speak to my ex, I don't have contact info for him. I left him before my child was born due to safety so contact with him is something I would never engage. I only know he lives in Edmonton Alberta because the court documents come from there.
Up till now everything has gone fine, MEP did their job. FRO has not.
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