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  #61  
Old 08-23-2012, 02:45 PM
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Mcd: mr. Undischarged Bankrupt is not on title to the MH or anything else. He will not be on title to the next home purchased either. The wife and her parents are on title. The parents live several hours away. Ex finances all expenditures. Household, vehicles, etc. I'd need to go to court and have the courts add her as a "party to" under Section 42 of the F.R.O. Act, as she clearly is "sheltering" and "frustrating the efforts of the FRO, to collect monies owed.
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  #62  
Old 08-23-2012, 04:26 PM
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Correction: it's Section 41 of the F.R.O. Act. ^^

Section 41, subsections (4), (5), and (12) to be specific.

Last edited by hadenough; 08-23-2012 at 04:38 PM.
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  #63  
Old 09-03-2012, 11:44 AM
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I was looking through the F.R.O "Act" and have a question re: Section 41. Under DEFAULT HEARING, S.41
41 (1) When a support order that is filed in the Director's office is in default, the Director may prepare a statement of the arrears and, by notice served on the payor w/the statement of arrears, may require the payor to deliver to the Director a financial statement and such proof of income as may be required by the regulations and to appear before the court to explain the default. 2005, c. 16, s. 24 (*ex has not provided them w/the financial stmt or VAPS they requested)

PERSONS Financially Connected to the Payor
(3) The Director or the *Recipient* may at any time during a default hearing under subsection (1) or (2), request that the Court make an order under subsection (4) or (5) or both. 2005, c. 16, s.24.

Financial Statement
(4) The court may, by order, require a person to file a financial statement and any other relevant documents with the court, if the court is satisfied that the person is financially connected to the payor. 2005, c. 16, s. 24.

Adding Party
(5) The court may, by order, add a person as a party to the hearing if the court,(a) has made or could make an order under subsection (4): and (b) is satisfied on considering all the circumstances, including the purpose and effect of the dealings between the person and the payor and the benefit or expected benefit to the payor, that there is some evidence that the person has sheltered assets or income of the payor such that enforcement of the support order against the payor may be frustrated. 2005, c.16, s. 24.

Order against person financially connected to the payor
(12) If the court is satisfied that a person who was made a party to the hearing under ss (5) sheltered assets or income of the payor.. Etc etc "payor's" shall be read as "persons" 2005, c. 16, s. 24.

*according to this - is it possible that I can ask FRO to file a default hearing? EX is in huge arrears, he has not returned the financial statement to FRO, he owes my lawyer money that I'm supposed to collect (?!) And his wife definitely "shelters income and assets" - I have plenty of proof on that front. Relevant proof, not just my 'opinion' or belief.

Has anyone had a person "added" or requested a default hearing to be scheduled? Their house will sell sooner or later. His name is not on title. But if she were added as a party - FRO could register a lien to collect the arrears.

Thanks for any thoughts.
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Old 09-03-2012, 11:45 AM
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* double post*
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  #65  
Old 09-03-2012, 03:10 PM
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I despise people who hide behind the skirts/coat tails of their significant other, particularly when it is pertaining to child support arrears. I hope you are successful in nailing the bitch. It's just a big game to these types of people, meanwhile you are out tens of thousands of dollars while they buy and sell nice homes, drive nice cars and have their kids in designer clothes. Ha Ha Ha - well hopefully you will be the last one laughing.
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  #66  
Old 09-03-2012, 03:13 PM
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Thank you arabian. I will look into this asap. Then I will report my success (or lack of) by continuing to add to this thread with updates. It may help others in my position.
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Old 09-05-2012, 11:53 PM
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It seems after having the same FRO agent, whom I quite liked - my file has been assigned to someone else? Still haven't spoken to the new agent - only got voicemail. This one does not respond nearly as quickly and I don't know why there's been a change. Do they do this routinely??
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Old 09-06-2012, 12:47 AM
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hadneough: they probably have a secret code word for you or a red alert flag or something like that.
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Old 09-06-2012, 08:45 AM
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Ha. Or a secret code word for "her ex is a non compliant ass, whose arrears are going sky-high" and a real hard ass needs to be on the case :/

I'd like them to schedule a default hearing and have his wife, who is 'sheltering' money, added as a party. To our "party"
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Old 10-04-2012, 01:42 AM
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Update: I've 'lost' my worker assigned to me so I've had to speak w/different ppl @FRO. They are a Godsend in my books. Ex is still not in full compliance (typical) but they have been quick to put their enforcement methods on him. Anyone I've spoken to (@FRO) is thorough, informed and they have been quick to act.

Each month he pays more than the month before so that's encouraging. He has about 3 weeks now to come up w/the new arrears accumulated in FULL.

It's about freakin time the gears were put to him. For years he sent me very low amt cheques, and often late: all while he lived the 'life'

The party is now over for him, calling all the shots. I'm so happy the Fro is involved.
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