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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 05-01-2009, 04:48 AM
sami sami is offline
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Default Interjurisdictional Support Orders

hi every one....

first i want you to excuse my bad english.

i have a child with my Ex-girlfriend who live with her in ( N.Y ). my Ex went to court in ( N.Y ) for child support, the court issued support order then forward it to Ontario court to be confirmed. at the court date in Ontario my lawyer failed to showup in court so the judge confirmed the order and send it to the Family Responsibility (FRO) to enforce it. when the (FRO) contact me for payment i told them i cant afford this amount and i want to very the order based on my actual income. they said i have to file for order variation and because its Interjurisdictional Support Orders it should be varied by the court who issued this order ( N.Y ) so they will send me specific forms to complete and return them to the (FRO) who will send them to ( N.Y ) , and that was in MAY/2006. the only thing the (FRO) did is send my application to (N.Y) ,and the court there return it back to the (FRO) saying they have no Jurisdiction to change the order. the was wrong by them from what the law said. next thing the (FRO) told me we will direct your file to our in house legal counsel to prepare motion... that's it. since then i been contacting the (FRO) for any result or update in my case, all i hear from them WE will call you if we get any thing .i went to my MPP 6 month ago to help me so the work in my case , they told her
" ohhh he should go to the court in Ontario for variation ". i did file motion and went to the court , who told me they cant change a provincial order and i have to go back to the (FRO). i called the (FRO) 3 days ago to tell them what the court said ,they respond that i have to submit new application because there was mistake in the previous one ( after 3.5 years ) and when i asked them why ,and they should told me that long time ago they said the court should convert the amount in canadian dollar
because they cant enforced it in U.S dollar!!! they are the worst liars because the court here clearly indicate the amount in U.S and convert it to canadian and if they cant enforce it , where the arrears come from plus what the currency have to do with my order variation...just trying to cover their mistake !!all this time, wile the arrears continue to accumulate and i wasn't able to see my father when he was dyeing because they suspend my passport i have to start all over. the worst news i just found that ( N.Y ) court cant change the arrears no mater what the circumstance. i don't know what to do now, because if the (FRO) did their job my case should be finished long time ago and i don't have any arrears to break my nick now.
sorry for the long story but am desperate for urgent help.

thank you

ps: am still paying child support to the mother directly, based on my income and federal child support guidelines.
  #2  
Old 05-01-2009, 12:50 PM
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billm billm is offline
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If the mother is accepting payments then perhaps she will release you from your FRO order. I think you can do this if both of you fill out a form to the FRO. If you can make a deal with the ex as to payments and anything you owe her, she should be able to get you out of this mess. You could write up an agreement that she releases you from all court orders etc, and then have the NY court cancel the order.

What does she say?
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Old 05-01-2009, 03:51 PM
sami sami is offline
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thanks Billm for the quick replay

the mother excepting the payment and she have no
problem to say that. the (FRO) who taking the issue
personally . me and the Ex applied to withdraw from
the (FRO). since OCT/2008 until today i don't heard
from them any thing. and when i call, their answer that
they have to wait to hear from (N.Y). the law say we
can withdraw from their office if we agree and if the
recipient don't collect assistance. (N.Y) don't have
Jurisdiction in the withdraw application .
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