FRO Enforcement Action?

[Nadia]

Hello all,

My ex is now over $7.000 behind in child support. This is in despite of having a final court order and having the support enforced through FRO.

Financially we are struggling. There is a risk of homelessness because at some point soon we will not be able to pay the rent. We are close to reaching the maximum on credit cards and Line of Credit.

My ex stopped paying support payments a few months back after taking an unpaid leave of absence from a highly paid position.

This past weekend, I read on the internet that my ex flew out to receive an award at the University of Alberta in Calgary. It makes me sick to the stomach that he supposedly has enough money to live a lavish lifestyle, while the children and I are in the situation we are.

I also have evidence to suggest that he is employed but is being paid in cash. I have shared all this information with FRO.

Aside from sending out a Federal Support Deduction Notice, FRO has done little else.

Has anyone else been a similar situation with FRO? Is it case of calling them everyday, until something is done?

[dadtotheend]

What kind of work do you do? I mean, do you have a paying job, aside from the obvious job of parenting of your children?

[Nadia]

Thanks for replying,

I am working part-time teaching a course (currently 6 hours a week in class plus prep work - total of 8 hours altogether) at the local University. On a short term contract which comes to an end next month. My hours of work are restricted because I have to take my daughter to a number of medical/therapy appointments.

Nadia

[dadtotheend]

I work a fulll time job owning my own highly seasonal business, which is in full swing at this time. I prepare 1,000 personal income tax returns a year, 50 corporate returns, have sole custody of my kids, take them to sporting events, work on weekends when they are with their Mom, AND I'm paying her SS which far exceeds the CS that she pays me, so I cut her a cheque for $700/mth. I also find time to volunteer in my youngest kindergarten class, and up until last school year, I was also highly involved in her pre-school doing both duty days and administrative work as the volunteer treasurer. When the children are with me on leisure time, as in this past holiday weekend, I find a way to get away from the office to have fun with them and their friends.

I suggest you find a way to up those hours. I have a tough time believing that your child's medical needs are taking up the remaining 32 hours of a regular work week.

Yes, he's behind in CS. It seems from here that the real reason you are in trouble with the rent is not primarily because of his arrears. On the contrary...

[Nadia]

Hello Dad to the End.

I should have added that I am taking all the hours that I am getting from the University. Unfortunately, often preparation can take up more then you actually get paid for.

Anyway, I teach on Mondays and Fridays, and the appointments take place during the day. On Tuesdays (Hospital for Sick Children, Toronto), Wednesdays (AVT in Milton at 1.30pm) and School for the Deaf (Friday mornings). If you include travel time from Oakville, there isn't actually much time left to keep regular hours.

Nadia

[dadtotheend]

The point is that there is a responsibility on you to provide financially for you and your daughter. It's not just his job.

I have lots of clients who are way behind in paying me. I don't run to small claims court (in your case the FRO claiming that he's hiding income) on each bad debt. I look elsewhere to ensure my financial needs are being met.

You need to find a way not to rely on those who are unreliable. Yes, the support needs to be paid, but you are behind on your rent because you don't make enough money mainly, not because he's stiffing you.

[Nadia]

I agree with you. I never looked at it that way. Why rely on the unreliable.

I actually had a well thought out plan in place come September 2010 when the spousal support comes to an end. I just hadn't counted on receiving nothing six months earlier. I was given no notice and to be honest just didn't see it coming.

I also have a clause in my final court order that states that I can only earn a maximum of $10,000 annually, in order to continue receiving the spousal support. Otherwise it is a dollar for dollar subtraction for anything earned over that. Given that we are not in receipt of anything (spousal or child support) that kind of changes the relevance of that clause. (I think)

But you are right I need to stop getting frustrating with what I can not control and depend upon. I've got to work out a plan that will work in place of that.

Thankfully, not behind the rent yet and the fridge is still full. I just don't want to get to the point when this is not the case.

Thanks Dadtotheend.

[MaggieT]

Nadia:
My ex stopped paying child support about 2 years ago from a court order enforced through FRO.
He currently owes $20,000 in arrears and has never, ever been consistant with support since our separation 4 years ago.
Unfortunately, the process through FRO is an extremely long and tiring one.
In dealing with FRO, I suggest you take time to call them once a week and speak to an agent.
Keep notes on the date you called, the time you called, the client ID number of the rep that you speak to. Ask what the current arrears are in value and ask them on every call what enforcement action they are taking.
Remember to ask them to not only look at aggressive enforcement, but also what type of passive enforcement they are conducting.
Make sure that you supply them with any information that may assist your file such as possible employers, that he may be working for cash and please make sure that you suggest that they issue Federal Garnishments, Passport suspensions, drivers license suspensions, and don't forget that if he has property or vehicles that FRO can also issue liens on the property.
May I also suggest that every three months, you summarize the dates that you called, the client ID numbers of the reps that you spoke to and what was told to you at that time, in letter form and fax or mail the letters to the FRO office referencing your file number. Ask them each time that you write to please pursue the next course of action and to respond and/or correspond to you with their next plan of action. FRO wil never respond to you and don't expect them to...they have no accountability to the support reciever and consider the "file owner" (the person responsible for your finiancila survival) the be all to end all....BUT be patient!!!
After all this time...my ex was just finally taken to court on a Default Action (although, i had to track down his current address as he never did update the FRO office when he moved).
Surprisingly enough, the judge ruled that he needed to pay a very very large sum of money in just two weeks or he receives jail time!
Please do not lose your temper with the FRO agents. They are only doing their jobs...as inefficient that they are...it is a government run situation with not alot of thought put into the fact that single mothers can and have simply drowned debt due to the negligence of deadbeat dads (or mothers).
I have often thought...how could my ex not realize that my kids need groceries, clothing, heat, hydro, birthday party gifts, school trips, lunches, etc etc....especially since he sees the kids every other weekend and whenever he wants during the week.
I hope this helps....I wish I could provide more.
good luck.

[Nadia]

Oh, my goodness, Maggie T , thank you for your post. This is very helpful. Some very useful ways in which to deal with FRO. I really appreciate your comments and feedback.

I think my mistake was assuming too much and not having a back up plan. I just assumed that if you had a final order spelling out the amount and conditions for spousal and child support it would be followed through. Whats more with FRO involved in enforcement there would be no reason to suspect that payments would cease altogether.

Thank you again,for sharing your own story and useful information.

[AtALoss]

FRO is supposed to begin stricter enforcement action once a payor reaches $3000 in arrears. plain and simple. Do they do so not very often from all I hear and have experienced. PM if you wish as I may have some useful info with dealing with them.

[jennifercatharine]

Nadia,

You are going to have to take the others advice, there is no other way. I had taken a second job as well to make ends meet and you have to do what you have to do for your family. You need to sit down, and work out the best plan for you and your children, for you to make ends meet for all of you. Especially, if you are not able to earn anymore than $10,000 per year.. that is impossible to live on. Is there any way you can have that changed upon finding more sufficient earnings? You had mentioned it changes (you think) I would find out for sure ASAP, so you can ensure your childrens are met... whatever it takes for you to do what you need to do, to support your family.

Regards

[dadtotheend]

I have often thought...how could my ex not realize that my kids need groceries, clothing, heat, hydro, birthday party gifts, school trips, lunches, etc etc...

I put my CS into an RESP. I realize I'm fortunate (and work hard) enough to have that choice.

Are you unable to provide utilities, clothing, food, lunches or birthday gifts on your own?

I hope and expect not, because it might be in the children's best interest to be living with someone who can provide those basics and maybe someone else could pay CS to that someone to put into an RESP.

Do you think?

[CISTEAD]

Nadia,
Am I to understand that you don't see the point in earning more income on your own because it will just reduce your spousal support? Doesn't that say it all?