Announcement

Collapse
No announcement yet.

Help - interprovincial family law

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Originally posted by singlequestions View Post
    -I assume that once MEP closes the file she will be more motivated to register our order in Ontario. But that will require the recalculation she's avoiding, hence (i assume) the lie to MEP.
    Why would it require the recalculation?

    The order says that you must pay X. FRO will assume that you have to pay X, and will force you to pay X until you go to court.

    Also, custody orders are completely unenforced, order or no order. FRO doesn't help you get the kids during your parenting time. Nobody cares. The only way to enforce custody orders is to rack up a collection of parenting time denials, and then bring a contempt motion to court(*).

    More importantly, it does not matter if the order is recognized in Ontario in terms of bringing such a motion. An order is an order. If she denies parenting time, an Alberta order is just as valid as one in Ontario.

    I stand by my initial advice. Current order will not suddenly have you paying less CS. Current order will not suddenly enforce denied parenting time. You're going to be back in court. Note that current CS levels will likely still be due until such a time that you give notice that you are looking to change them.

    eg
    -Order says you owe $1000 a month
    - In January you write to her and say "I should be paying less!"
    - In March court decides you actually should be paying $400 a month
    - You still owe $1000 a month from now until January, and $400 thereafter.

    Point is, avoiding court and trying to be nice is actually punished in family court. Nobody will reward you for being nice. You will in fact be punished. Don't be nice.

    (*) Even if you win the contempt motion, you won't actually win. She would be a given a chance to play nice in the future, and then you get to go through the charade again a few months later.

    Comment


    • #17
      He may, and should, register with FRO in Ontario (doesn't have to be the recipient, can be either party).

      FRO will continue to enforce Order until he gets a new one or they agree on consent and get an Order. Either way, FRO & MEP enforce orders. MEP used to do an annual recalculation but I am not sure if that is still offered (irrelevant for him now anyway I believe). If the program is still around it would be on their website.

      Comment


      • #18
        Originally posted by arabian View Post
        He may, and should, register with FRO in Ontario (doesn't have to be the recipient, can be either party).

        FRO will continue to enforce Order until he gets a new one or they agree on consent and get an Order. Either way, FRO & MEP enforce orders. MEP used to do an annual recalculation but I am not sure if that is still offered (irrelevant for him now anyway I believe). If the program is still around it would be on their website.


        DO NOT file your old order with FRO. They will enforce the wrong amount and it will be a nightmare to get it fixed. Your ex can drag her heels for months on moving it forward and continue to file for more and more disclosure throughout multiple conferences.

        Get the shit stopped with MeP and file a motion to change in Ontario.

        Like it was said earlier, might be worth a visit to FLIC or an hour with a lawyer.

        Comment


        • #19
          Originally posted by arabian View Post
          He may, and should, register with FRO in Ontario (doesn't have to be the recipient, can be either party).
          Aside from some fringe circumstances (eg. recipient takes money and then pretends that you never gave it to them) a payor would have to be certifiably insane to think that they have anything to gain by registering with FRO.

          FRO does NOT recalculate anything. They will enforce the old order until the payor goes to court to get it changed. Just kidding, the enforcement does not stop once payor goes to court, they will enforce even while the payor is in court trying to get it changed. In fact, sometimes while the payor is trying to get CS amounts changed, FRO is busy trying to suspend the payor's license, which results in the payor losing their job.

          Yeah, Arabian is usually on the ball, but her advice on this is dead wrong. Avoid FRO like the plague.

          Comment


          • #20
            Perhaps you guys are correct, however, I believe under the maintenance enforcement actMEP will be obligated to forward the file on to FRO anyhow. If MEP is aware both parties live in ON I'm kind of surprised this hasn't happened already.

            You can file a Stay of enforcement requesting MEP immediately stop enforcement until recalculation. You could also, at the same time, file a Notice of Motion to change the amount of CS. Assuming you are successful, the Notice of Motion would probably be forwarded to Ontario court for hearing/approval.

            With your applications you swear affidavits including financial statement. Be very careful here. If you swear a false affidavit (regarding your residence) it will likely come back to haunt you.

            I do not see how you can avoid FRO as both parties live in Ontario. Alberta taxpayers are not in the habit of paying for management/enforcement of other province citizens.

            Please do indeed get some sort of legal advice. All of us could be incorrect. I have gone through interjurisdictional court situations for past 5 years (and continue to do so). My situation does not involve child custody matters though.

            Comment


            • #21
              Thanks all. I've been pushing MEP to close the file, the sup I spoke with last doesn't understand why it's taking so long but thinks some staff vacation time is involved. FYI: Apparently they don't automatically send our file to FRO once they close it, the recipient must organize that.

              In the meantime I'll start over the process of getting our original order recognized. The FLIC office suggested given our history it would be smarter to get our original order recognized despite the delay vs starting over (yes, she could try to get custody changed in that process, and yes she could cause all sorts of delays that make this as long as the original divorce and/or transferring the order over). After all that I'll finally get to the recalculation process. So looks like a loan to pay CS in the meantime, unless MEP pulls through and closes the file before she transfers to FRO.

              I appreciate your advice.

              Comment

              Our Divorce Forums
              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
              Working...
              X