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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 09-16-2020, 04:57 PM
knowncitizen knowncitizen is offline
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Default New to FRO with a couple questions

Separated 2 years with a separation agreement, 50/50 custody of 17 and 15 year old's. In January of this year my ex registered our agreement with the courts and today I received a letter and call from FRO requesting money.

I was laid off from a 100,000 a year job in April and have not found a job in my line of work as of yet. I made my Ex aware of my change in employment as soon as it occurred. My child support payments were kept up until June and I am now 2 months behind. I paid on time and never had an issue with paying.

If our agreement is registered and my EX will not speak to me how can I change the child support to reflect the fact I am now earning substantially less than last year. I have just qualified for second career and start training at the end of the month, at this point FRO can garnish my EI if I don't fix this situation. I am not very fluent in legal stuff but can figure it out if I'm sure which direction I should be going.

Any help would be appreciated.
Thank You
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Old 09-16-2020, 06:02 PM
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Janus Janus is offline
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If your ex is willing, you can get FRO to change the amounts.

Unfortunately, if your ex is not being cooperative, you will need to go to court, and you need to go sooner rather than later.

I am assuming that you have already contacted your ex in writing and asked her to sign the forms to change the FRO amounts on consent, and that she has either refused or ignored you.

I might send another one saying that the child support amounts are harming the children, and that if she does not sign the form by Sept 25th (or whatever day in the near future that makes you happy) that you will go to court to have the amounts changed.
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Old 09-16-2020, 06:12 PM
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FRO informed me the only way was to got to court.

I have not discussed FRO with my ex or forwarded any forms for signatures yet as I have only been contacted by FRO today. I don't even know what forms you are speaking of.

If the amounts is changed to reflect my 2020 income vs hers she would owe me child support, this is why she is refusing to cooperate.
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Old 09-16-2020, 06:22 PM
rockscan rockscan is offline
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FRO does nothing. They used to be ok with signing agreements, now they say they do nothing until you get a new order.

You need to file a motion to change IMMEDIATELY. You can do it yourself. Fill out your provincial forms (google your province name and family court forms). In your affidavit you outline what has happened and what the amounts are and what the status is. You do a financial statement and attach all proof of your job loss, your income and your current education status. You also attach the proof that you advised your ex. You should also look into a stay of enforcement with FRO.

The sooner you get a court date the better off you will be.
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Old 09-16-2020, 06:24 PM
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Honestly I'm not with FRO, so others probably know better, however I have heard that if you start a motion, you can contact FRO and they will suspend enforcement.

To change support, maybe it is form 15D?

http://ontariocourtforms.on.ca/stati...15d-e-0816.pdf
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Old 09-16-2020, 06:25 PM
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Quote:
Originally Posted by rockscan View Post
FRO does nothing. They used to be ok with signing agreements, now they say they do nothing until you get a new order.
Ah, I didn't know that had changed.


Quote:
The sooner you get a court date the better off you will be.

For sure.
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Old 09-16-2020, 06:42 PM
knowncitizen knowncitizen is offline
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Quote:
Originally Posted by rockscan View Post
FRO does nothing. They used to be ok with signing agreements, now they say they do nothing until you get a new order.

You need to file a motion to change IMMEDIATELY. You can do it yourself. Fill out your provincial forms (google your province name and family court forms). In your affidavit you outline what has happened and what the amounts are and what the status is. You do a financial statement and attach all proof of your job loss, your income and your current education status. You also attach the proof that you advised your ex. You should also look into a stay of enforcement with FRO.

The sooner you get a court date the better off you will be.
Thanks Rockscan,
I have some reading and homework to do tonight. I am going to pay FRO this months payment to take the heat off and give me time to get things done. My Ex has not filed any paperwork for the arrears yet so I have time to get that money together.
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Old 09-16-2020, 06:43 PM
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Quote:
Originally Posted by Janus View Post
Honestly I'm not with FRO, so others probably know better, however I have heard that if you start a motion, you can contact FRO and they will suspend enforcement.

To change support, maybe it is form 15D?

http://ontariocourtforms.on.ca/stati...15d-e-0816.pdf
Thanks Janus,
I downloaded the form and I will fill it tonight, gather my docs and contact the courts tomorrow.
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Old 09-16-2020, 06:50 PM
rockscan rockscan is offline
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Youre in Ontario so its a motion to change (I believe a 15 but could be wrong). Your motion to change is to update child support. If you review that info you can get the paperwork filed quickly.

Janus: FRO has gotten so useless now I’m surprised they still operate. They can’t even calculate the amount owing in an order that clearly says x monthly starting last year!
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Old 09-16-2020, 07:05 PM
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15D is for the situation if both parties agree and 15 for when they do not agree. I'm not sure how to proceed.
Next tax season my income for 2020 will be 20k less than hers meaning she will owe me 300 a month in child support. She is aware of this impending change but not the amount. If I am to file a motion right now based on my monthly income of 2000 and her monthly income of 5000 would the figure not be negative in my favor?
Should I contact her with a proposal to cease support so it's in writing and then file for a motion 15 since I know she won't agree.
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