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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 12-10-2009, 10:52 PM
Mark1968 Mark1968 is offline
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Default FRO is garnishing 50% of my EI bc of back CS

So today I received a letter from FRO informing me that they have sent a deduction to my emplyer, currently the gov't as I was recently laid off, to garnish my wages at 50% because I am behind in my CS.

When I was laid off, Nov. 26, I went ahead and called FRO to ask how my CS should be paid. SHould I wait fo it to be garnished from my EI or go ahead and pay it? I was adivsed to pay it but also told it would not be refunded to me when it was garnished again. I asked how long it would take, considering other mistakes in garnishment by FRO had taken months and numerous faxes, letters, calls by me and my lawyer to correct...FRO informed me it won't be long. And it wasn't, I received the 50% garnishment notice today and I called them on Dec. 2. In the past, they had garnished my wages at 50% for almost 3 months because they made a mistake and took a long, long time to correct it.

I called today and was informed that I am violating my court order by being 300 and change in arrears.

I informed the FRO agent that I am not in arrears, my payments are deducted at the source and sent to FRO....of course they will not arrive on time, they are due on the first of the month and my employer submits them no doubt with some delay after I have earned the money...2 weeks into the month.

FRO informed me, those are the rules, now 50% of my EI and my taxes will be seized. I informed FRO I did not chose to have my wages garnished and therefore have my CS be late, they wanted and it and I agreed, so they are responsible for the 2 weeks, sometimes more, that my payments are late. If I was responsible for paying them, I would pay them on the 1st, but I'm not....they are garnished. I asked the FRO agent if I can change my payment method to PAP and I was told, submit a proposal and your case agent will respond to it. That's actually great news in and of itself, the whole situation gives me a really good deal to write the Ombudsman about and hopefully I will be allowed to PAP rather than have my wages garnished..just this year, from March until July, FRO sent 6 different garnishment notices, all confusing and with different amounts, to my ex employer...despite the fact that nothing in the order or arrears or ongoing support had changed.

The FRO agent informed me that I can pay the outstanding right now via an internet payment, wait three says, make sure it reached FRO by calling the automated line, have my case updated, hope they correct the Federal gov't garnishee. I've had so many mistakes in my ganishment amount, not to mention the fact that it took months to correct them, I opted not to pay.

I then took out my statment of account, which I requsted when I called Dec. 2 and received today along with the federal ganishment order, and lo and behold, after I calculated the amounts...I owe FRO $43.74 as of today. Considering they will still receive two of my garnishment amounts from my last two pay cheques, and when they do, no doubt 2 weeks late as always, they will owe me almost 300 bucks.

So what do I do? Are there forms I can file to prevent them from garnishing my EI at 50% or do I just have to wait it out. The fact is, I can't afford it.

My wife lost her job during the summer but recently found something else, at a much lower salary. My income is reduced by EI to less than 50% and with the garnishement, I will bring in less than $800 a month. We are still paying off our lawyers bills, at 600/mn for a previuos case we had with my ex., so my income will barely cover that...let alone the mortage, hydro, food, etc.

It's funny, I have a 4 year old son and all of our xmas gifts to him cost under 100, purchased before I lost my job. My ex. lives in gov't housing, works for cash and collects all she can has already purchased over 600 worth of gifts for our daugher. Granted, our daughter, for whom I am paying support to the ex, no longer lives with her as she is in foster care having been taken out of her custody by catholic children's aid back in Feb. 09.
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Old 12-10-2009, 11:08 PM
frustrated11 frustrated11 is offline
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How come your daughter is no-longer with your ex and with childrens aid. she should be with you

also, file with the court a motion to vary your ex no longer has custody so she should not be getting CS...

file to have custoday or at least interim until the othr issues are worked out (hopefully you would get custoday if she lives with you for any amount of time)

go to family law clinic at courthouse for help with motion to vary
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Old 12-10-2009, 11:43 PM
Mark1968 Mark1968 is offline
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My daugher was never in my custody, she is now 16, the ex and I have not been together for almost 15 years. During our last court case (2008) I asked the judge for educational and medical custody of my daugher...granted, not actual physical custody of those two areas....just to have a say and she shot me down. At that time my daughter was in remedial classes in school and on the verge of failure for turancy. On top of that, she was on ADD medication despite not having ADD.

My ex stood up in court and lied, which could now be proven since we had court in Nov 08 and she GAVE up custody as soon as she had the chance in Feb 09...when that happend children's aid had to, by LAW contact me and give me all the paper work, over two years of investigation.

One of the findings, my daugher did not have ADD. In fact, she has ODD, oppositional disfuctional disorder aimed at her mother. Another revelation, despite being in the lowest academic level of classes, she had only passed gym, at 63% that year. The previous year, she had passed only 2 courses...due to truancy. My ex and I had many discussions regarding this issue, her anwser, "I will be happy if she graduates from High School", "YOu don't live with her", "you don't know her', etc.

My daughter is now 16 and taking custody of her would be possible only if I had the money to go back to court and if I didn't have a family. I have a 4 year old, my current spouse forbit my daughter from coming to our house after a particularly violent incident 2 years ago unless we, as in the ex, my daugher and I, receive ongoing cousling. We all went once and that was it for the ex, she did not want to go back. I should clarify and say that the incident did not involve myself or the ex being violent towards our daughter but rather the opposite and in the extreme.

There are a lot of issues. But what I want to resolve is the 50% garnishment because right now, considering we're still paying off the last court case, I can't afford to bring home less than 800 bucks a month.
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Old 12-11-2009, 12:08 AM
#1StepMom #1StepMom is offline
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Mark, my condolences to you. I really don't have much to say other than "yeah, that's FRO for ya!" My husband is in a similar situation, also having lost his job and currently working anywhere they need help while trying to find a more secure and salaried position. And dealing with FRO for him is like leading himself for slaughter. It's one frustrating and painful experience.

I really hope it gets resolved for you soon.
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