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Under reporting, No NOA, Changing level of support

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  • #16
    hi rockscan; I understand how to file a motion to change but I am waiting to be on the defending not the attacking end of this one! I wanted to know.... does he have to produce a motion to change the amount of child support at that time he files refraining order and do I receive any documents? Can I do anything to help FRO or the courts at this juncture to prove whatever he says he is earning is not accurate? Second part if I go back to court to defend the motion to change what can I ask the courts to do to prove he is either soul owner of a corporation, taking less money from the business....

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    • #17
      I dont understand what a refraining order is. From what FRO has told us, getting cs stopped, reduced or forgiven is completely up to the recipient. For instance, under the current order my partner has, he can file for FRO to stop enforcement (through FRO not the courts) but if his ex replies no they will continue to enforce the order.

      If your ex files a motion to change cs, he will have to file a financial statement and three years of tax info. Then you can defend it.

      In my opinion you are the best one to file regardless of whether you are the one on “attack”. That way he demonstrates his refusal to produce income info and cs updates. Dont look at it as being on the attack. Consider it as fighting for your kids. Dont they deserve support to get through school? Is he not financially responsible? You dont need a lawyer for that filing. Work out a deal with a lawyer to represent you in court but do the paperwork yourself.

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      • #18
        Hi A refraining order is to ask the judge to not take his drivers licence as that is what FRO has told him they will do if he does not either pay up or ask the courts for some time. The courts will usually request he file a motion to change as one of the provisos. I have not wanted to go to court as I was afraid he would get away with his lies again. He is saying he has sent me his NOA but he has not. Knowing him he will do so right before filing a motion to change and say I supplied them to her. I was just wondering If I could help FRO or the courts to not grant him a refraining order with proof that he is working.

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        • #19
          Your best bet is to wait until he files it. I would see about a lawyer to help you argue his self employment income. You also need to point out he is capable of being employed and is purposely underemployed. Having an attack dog lawyer will help.

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          • #20
            Thanks rockscan, that's my plan but they cost! lol

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            • #21
              I know but if you think about what he owes and what you could recover it may be worth it!

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              • #22
                Like CRA, all maintenance enforcement agencies have fax numbers or "rat lines" that you can send information to (if you have a file with FRO, if not then it is pointless). Be sure to put your file number on the top of every page that you fax in. Have a brief covering letter, outlining why and what you are submitting. The more information you provide the better but be sure it can be corroborated or you are wasting someone's valuable time... crying "wolf" this time (without solid information) may come back to bite you in the ass in the future.

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                • #23
                  Originally posted by arabian View Post
                  Like CRA, all maintenance enforcement agencies have fax numbers or "rat lines" that you can send information to (if you have a file with FRO, if not then it is pointless). Be sure to put your file number on the top of every page that you fax in. Have a brief covering letter, outlining why and what you are submitting. The more information you provide the better but be sure it can be corroborated or you are wasting someone's valuable time... crying "wolf" this time (without solid information) may come back to bite you in the ass in the future.


                  Even if she reports it, FRO will do little except suspend his license in the system. It still does nothing for the income updates, CS updates and section 7 determination.

                  FRO WANTS to be an enforcement agency when it grows up. Too bad it will take way too long to achieve that.

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