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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 05-25-2009, 04:54 PM
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Kimberley Kimberley is offline
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Default Enforcement steps/timeline

I am wondering if anyone knows when they start more enforcement than garnish to employer and a federal deduction order.

I spoke with FRO today as my ex has been in arrears since day one and although some CS has come through bit by bit, he has never been out of arrears.

They are finally in the process of updating the case with the information from the final order which means that the amount of arrears on that ($1880) plus his present arrears ($1109) he is now $2989 behind, and in 4 more days he will be $3713 in arrears.

I have provided them with as much information as I am able to get, including his new address since he moved 90+ minutes away from the kids as of mid-March, and the CS they have been able to get as of late as come from the federal order due to his going on EI (he accepted a temporary layoff).

So my question is as I said at the start, at what point do they bring forth more enforcement? He doesn't have a hunting licence, nor a passport, just a drivers licence. He has a car that he pays monthly payments on, owns no property or anything that I am aware of, and I haven't a clue where he banks since he's changed that numerous times as well.

Additional info: Temp CS order Sept 16th, 2008 - arrears started to build immediately - final order Feb 3rd.

Thanks!
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Old 05-25-2009, 11:08 PM
PhoenixRising PhoenixRising is offline
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In my experience.

Child support is not in arrears for the previous month until it is 30 days past the last day of the month in which it was due. Ie. June CS is not in arrears until the month of July is complete. It can take 3 more months after this for any enforcement on the issue. Usually the first enforcement is a letter stating that one's driver's license will be suspended if CS is not paid. The payor is usually given a period of time in which to make the payment. Usually this type of notice convinces the payor to make a payment, however, all they need to do is pay one month and it seems the process starts all over again.

All I can say is hang in there, always plan, and do your best not to let it affect your well being. I went through this for years and know first hand how hard it can be.

Last edited by PhoenixRising; 05-25-2009 at 11:09 PM. Reason: spelling
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Old 05-25-2009, 11:56 PM
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Kimberley Kimberley is offline
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Phoenix, thank you for your reply.

Thus far, the 'enforcements' have been a support deduction order issued to his place of employment prior to his layoff - they issued 3 different ones as the first one was issued Oct 3rd 08 and Sept had not yet been paid.

His $1880 arrears were calculated because he severely underpaid for Sept, Oct, Nov & Dec by more than $400 each month - only 2 payments were seen during that time, no VAPS was entered in to, nor did he respond to any letters from FRO (according to the information on file).

In Dec 08 they issued the first Federal Support order. The final court order was completed Feb 3rd - another Federal Support order was issued on Feb 23rd, 3 partial support payments had been paid out by that time.

At some point after both Federal orders he filed his taxes - he owed the government just over $1000 because he wrongly claimed the kids on his taxes and attempted to apply for the CCTB although I had the kids 100% of the time - his return was just over $600 and they applied that to what he owed them rather than to the support arrears - the government comes first, not the children they claim they are trying to bring out of living in poverty.

I was told by the enforcement agent that I spoke to today that they would be taking further action, but I do not know what they mean by that. She had the information regarding the final support order, but if I check the automated line, it's all still the old information.

It doesn't appear to me that they have moved towards a licence cancellation as I am sure he would have thrown that in my face when he called and cancelled his visitation with the kids earlier this month, he yelled at me for having the nerve to 'take his money' with the support order to begin with.

I try very hard not to budget or look towards seeing CS in any given month, trying to raise 4 children alone is not easy and it wears a person out quickly.

I guess I'm more disappointed with the way things work when it comes to enforcing CS. The children deserve better than this, and it's unfair to them that more often than not I can't afford even the simplest thing for them without having to neglect a bill or two for a bit, which doesn't help in the end really.

One day at a time I suppose.
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