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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 04-30-2009, 04:47 PM
ResponsibleMom ResponsibleMom is offline
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Exclamation FRO Bank Garnishment

Fro issued a request to the court to garnish my exhusbands bank account and a joint bank account that he has with his Mother.
The long and short of it is , the child support order was filed with Fro in May 2006 and my ex only complies with the order when his license is suspended and he is caught driving without a license and when he was forced to comply as part of his fraud conviction in 2007.
He stopped paying for six months in January 2008 -June 2008 , and resumed paying in June in order to get his drivers license back. He forwarded a lumpsum cheque in June 08 and post dated cheques dated to the end of the year.
I usually have only email and letter contact with this individual as I require hardcopy evidence of correspondance due to his erratic behaviour. I have complied with all access issues and we agree yearly to a written schedule.
I requested that he comply with the court order in January and he forwarded a payment through FRO , which bounced. He replied in the same month in a letter to me stating that he had "sent the cheques" to fro. Not the case.
Four months later and in arrears over 9000 as of the beginning of May, he has not replied to warning letters from FRO and will have his license suspended in mid may and the process to garnish the bank account started on April 27 2009. This guy sold his business last spring, he has money but I'm concerned that he will be moving money around to hide.Add
a cra investigation and a clear pattern of defrauding his children and government . I'm sure you can see there is a utter disregard for following
the law.
My question is, how long does the request from FRO to the courts then to the banks take to process ? I forwarded known bank accounts to FRO,will the bank only process the known bank accounts or can they do a search using his SIN number?
Thank you in advance for your advice and experience.
  #2  
Old 04-30-2009, 07:56 PM
AtALoss AtALoss is offline
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Unfortunately Your ex are the type that have given Dad's a bad name. I mean some because not all are so. (I'm a Mom) I know too closely how bad FRO can be in honest cases. Just a shame that in a case like yours is so fraught with frustration. But also appears that most of the problem is the ex and not FRO. Sounds like you need to talk with the Ombudsman office. They may be of some help. FRO on the other hand has alot if not too much power. There is nothing that can be hidden from them. They just need to be motivated with information with which to act upon. I am just very surprised if not a bit outraged that they have let him carry on so far.

My spouse on the other hand faithfully paid till his youngest turned 18(2002), in fact 2 years (2004)after the fact. When he filed his motion to vary and stopped paying in 2005 they walked in and totally destroyed him. They took away his business, Lost everything right down to pulling all his ID, and made him homeless. All for the sake of paying for Kids that are grown with kids of thier own at the time. Well he has finally won this past Dec. The judge staed they had no jurisdiction since 2002 and that they in fact were enforcing an expired order. But FRO is still so arrogant that they dont thing thatthey owe him anything least of al an appology. But time is going to tell.
It is just such a shame that something that originally meant to be good has turned out so bad. As I suggested talk to the Ombudsman or any one you can get to listen there are many who have had enough. You may get some help in getting them to get FRO off there butts on your behalf. I truely urge anyone who is haveing these kinds of extreme problems to do this. It is time that we stop being intimidated by FRO and band together. No matter what side you are on no one should be treated the way FRO does.

Also make sure they have BOTH federal and provincial garnishees.

Last edited by AtALoss; 04-30-2009 at 08:09 PM. Reason: Add info
  #3  
Old 04-30-2009, 09:32 PM
ResponsibleMom ResponsibleMom is offline
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Lightbulb

Thanks for the advice.
My new husand dealt with Fro when it was handled by the municipal govt,and as a stepmom of two adult children of divorced parents I'm well aware of the view from the other side.
My frustration with fro stems from the "vague" way they process information. I'm well aware that the legislation drives the policy and it's too bad we can't change it. ( any one interested in forming a lobby group ?).
I just want to find out what the timeline is on bank garnishment?
After fro sends the request to the court , how long does it take the courts to serve the banks and the banks to garnish the account?
  #4  
Old 05-01-2009, 10:03 AM
AtALoss AtALoss is offline
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When they go as far as a garnishee the banks traditionally move very quickly I would think that 30 to 60 days and then action happens. Bare in mind that this is provided there is something in the accounts for them to seize. A garnishee will stay in effect until tey recieve a court order to the contrary. In my spouses case they held it from 1996 until 2009. The order which it was against expired in 2002. FRO knew this and ignored it. in 2005 they stoped accueing payments and on the Dir Statement says support terminated (Dec2004). But they still had the garnishee active until March 2009. Go figure! Anyway my advice to anyone is to keep on top of them as relentlessly as they do us. Another person here made a comment that they could not speak to thier case manager.... you have every right and it is in their rules to allow this but they are arrogant. So be insistant. It does not matter if you are a payor or recipiant. we both have the right to get things straightened out if we have an issue.
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Old 05-01-2009, 10:16 AM
ResponsibleMom ResponsibleMom is offline
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Thanks for the prudent advice AtALoss.
You are so right about FRO and the arrogant attitude.
I have received conflicting information within the same month from two separate CSR's and also received the line that you can't speak to your caseworker. I have heard horror stories from both payor's and recipients and the best advice I can give to anyone is to keep on top of FRO. Document all calls and keep a copy of all documents sent to FRO. I have heard that the agency is improving but not quickly enough for Ontarians.
Again thanks AtALoss !
  #6  
Old 05-01-2009, 07:45 PM
AtALoss AtALoss is offline
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Trust me it is coming.
  #7  
Old 01-18-2010, 11:11 PM
Mark1968 Mark1968 is offline
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Quote:
Originally Posted by ResponsibleMom View Post
Thanks for the prudent advice AtALoss.
You are so right about FRO and the arrogant attitude.
I have received conflicting information within the same month from two separate CSR's and also received the line that you can't speak to your caseworker. I have heard horror stories from both payor's and recipients and the best advice I can give to anyone is to keep on top of FRO. Document all calls and keep a copy of all documents sent to FRO. I have heard that the agency is improving but not quickly enough for Ontarians.
Again thanks AtALoss !
I've contacted FRO at least 50 times over the past two years, I know the name of and number of my case worker but have also been told I am not allowed to talk to him.

Is there something in the legistlation that says differently? Because I'd really like to talk to my case worker, on various occasions my CS has been in arrears and deduction notices at 50% or sometimes other outrages amounts not based on my court order, have been sent to my employer. I believe it was 7 different deduction orders in 2009, but they only began sending them in March, so from March - November (when I lost my job) 7 notices. I've asked to speak to my case worker during each of my conversations with the CSRs and I was told I could not.

Since I've been on EI there have been 3 notices.

When I pointed out to the FRO CSRs, numerous times, that my payments will always be late because I have to earn the money, my employer holds one week back and then it needs to be remitted. I offered to pay one month in advance but they declinded. When they send a statement for a federal 50% garanshiment I asked for my payment records. When I received them it turned out I was almost 44 dollars over what I was supposed to pay but yet they told me I was in arrears and took half of the first two of my EI payments.
  #8  
Old 01-19-2010, 11:07 AM
AtALoss AtALoss is offline
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Default FRO mishandling.

Mishandling is rampant at FRO. Case in point, They handle 200,000 cases per MONTH! We estimated that 60% of thier files are mishandled, My lawyer has informed us that the statistic is more like +80%.
Your case is another.
If you have not already done so please check out my blog at www.livinganightmare1.spaces.live.com
While my case is very extreme, it illustrates the lengths that FRO is willing to go to.
I will be making a statement/request here at OttawaDivorce within the next day or two so please watch out for it and give it some consideration.
Two points that I would like to raise again, 1. Keep records of every conversation /transaction with FRO and any other agency that pertians to your case. 2. I have heard several persons have been told that they cannot speak to thier case worker, That is garbage. You may not be able to immediately. It is in thier policy that you have the right to request to speak to your case worker (case owner they now call themselves). Once you have placed that request they are obligated to call you back within 48 hours.
OPPS! they may not like it as it means they are going to have to actually work now LOL
Thank You,
constitution1 - Richard
  #9  
Old 05-27-2011, 10:34 AM
TLCRN TLCRN is offline
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Does anyone know what else I can do? I have tried to contact the agent of the file numerous times by leaving messages on her voice mail, by sending her letters via fax; have contacted the call centre leaving meassages and have dates and agent name and/or number.
This is my issue: I sent FRO "originals receipts of expenses" dated back 2007 not knowing they accept "copies" until later when I was informed by the agent herself in 2009 of this, also telling me I had filed out the Statement of Arrears incorectly as I did not make the calculation at 50%. I told her I found this strange as the first package of receipts I submitted, FRO did the calculation automatically showing on the Director's Statement of Arrears.
We are at trial, and my ex has requested original receipts from FRO as per court order. For some unknown reason, they cannot find the "originals" from 2007, and the agent on the file wrote and affidavit stating there are no original receipts on my file as I sent "copies". I sent her another letter explaining all of the above without avail.
I wrote to the Director of the FRO but is there anything else I can do?
I am so frustrated with FRO
  #10  
Old 05-28-2011, 03:35 AM
fieldgrey fieldgrey is offline
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Quote:
Originally Posted by TLCRN View Post
Does anyone know what else I can do? I have tried to contact the agent of the file numerous times by leaving messages on her voice mail, by sending her letters via fax; have contacted the call centre leaving meassages and have dates and agent name and/or number.
This is my issue: I sent FRO "originals receipts of expenses" dated back 2007 not knowing they accept "copies" until later when I was informed by the agent herself in 2009 of this, also telling me I had filed out the Statement of Arrears incorectly as I did not make the calculation at 50%. I told her I found this strange as the first package of receipts I submitted, FRO did the calculation automatically showing on the Director's Statement of Arrears.
We are at trial, and my ex has requested original receipts from FRO as per court order. For some unknown reason, they cannot find the "originals" from 2007, and the agent on the file wrote and affidavit stating there are no original receipts on my file as I sent "copies". I sent her another letter explaining all of the above without avail.
I wrote to the Director of the FRO but is there anything else I can do?
I am so frustrated with FRO
The FRO can be made subject to 14B motions against them. You can pursue orders against them to be heard on FRO days in your court house. In this case, you would file the motion with the FRO as the other party, not your ex, but under the same case file number. Document your claims in a companion 14A Affidavit, be direct and factual about the issues so that a motions justice can review efficiently.

FG
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