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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 10-21-2007, 05:39 PM
jlalex jlalex is offline
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I have a couple of questions regarding FRO...

We recieved paperwork from FRO regarding a garnishment of my common law husbands wages. We didn't sign anything and we certainly didn't agree with having FRO involved, the CS payments are made on time and have always been. My only experience with FRO was when I seperated from my ex and it was voluntary on his part.

The only thing we have in a way of a court order was from the case conference back in March stating the my husband would pay his ex x amount of child support, which he religiously pays anyways.

There was also another letter from FRO recieved on the same day as the garnishment notice asking for a voluntary repayment agreement for the 'arrears'...what arrears??? Nothing has ever been mentioned about arrears up til this point and there was certainly none agreed to or appointed by a judge.

Can his ex just say 'oh he owes me x amount of dollars' and FRO just runs with it?

I'm not a big fan of FRO being one of its victims of incompetence but this is bordering on ridiculous.

There has never been any kind of seperation agreements, custody or support agreements up to this point. As I said the only thing we have way of a support order is what came out of the case conference in March.

Any insights?..I checked the FRO website but there was no topic of " what to do if you feel like you've been screwed over' in the FAQ...lol
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Old 10-21-2007, 08:24 PM
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It is true the the one receving payment may request FRO to collect/garnish paymnets from what I understand. It was so in my case.

I was also accused of being in arrears. You will need to call FRO and find out how much arrears you supposedly owe. They will have provided you with a case number I imagine. Normally they deduct 1/2 your pay until arrears are paid, so it is important that you determine how much they claim you owe, ASAP.

The onus will be on you to prove you do not owe any arrears, all the other party has to do is sign an affidavit claiming they were not paid. Yes that is all, then you must provide proof other wise, in my case I had to go court to wipe out the false arrears and have thier lawyer send a letter confirming there were not any arrears.

Good Luck
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Old 10-22-2007, 11:52 AM
Sk8r Sk8r is offline
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Either party has the right to involve the FRO without the consent of the other party. Even if the agreement states specifically that the payments are made directly.

Getting things straightened out with the FRO can be a hassle for sure. Good luck with it is all I can say.
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Old 10-22-2007, 06:43 PM
jlalex jlalex is offline
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Thanks, I know FRO is a giant pain, and I have yet to meet anyone whose had a good exeperience with them.

We will definitly have to get to the bottom of this arrears thing....

Let the fun begin!
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Old 10-30-2007, 03:36 PM
dg_sch dg_sch is offline
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Same thing happened to me back in June. We had a court order dated Jan. I have been paying my ex monthly (post-dated cheques) for 5 years. She decided in her infinite wisdom that she wanted to start going through FRO. She filled out the forms, sent in her $50, and we're off to the races. If you can prove payments, send them copies of the cheques(both sides) as this is what I has to do. In your case in might just be that the order was dated in March and because they're just getting to it now, they assume you haven't been paying. Now I really don't mind FRO taking the payment amount from my pay. It's just like a big tax deduction and I get an awkward joy when my ex tells me she hasn't received her money yet and it's the middle of the month. If she had left things status quo, she's get her paycheque aka child support on the first of EVERY month.
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Old 11-05-2007, 08:27 PM
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I have had no issues with them.......they garnished my exes wages for back support and all other order monies in our case......since the back support has been paid up they still deduct monthly support from him without issues.....its in my account and no chance of bouncing suport payments or not gettting it through the month.....I found more headaches with him paying me directly than not......I think FRO is a good liason for those that have had issues with recieving support.....but I have also found that you have to keep them informed if you move, change your bank account, your ex moves or changes employment (that part sounds like a pain but this is your childrens support we are dealing with...besides you should know the address where your children are visiting with your ex on their visitation weekends.).....
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Old 11-06-2007, 06:14 AM
jlalex jlalex is offline
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I've had problems with FRO from the get go..even when my ex was laid off, we knew ahead of time and I called FRO 3 months *before* it happened and they said they would send the government a garnishment notice re: his ei..I wait six months..nothing ...called again..jumped through hoops yet again...waited 3 months nothing...called again..still nothing had been done..to make a long story short it took 18 months for them to get the garnishment in place..by then it was too late. Ex was unemployed for 2.5 years and working under the table for half a year before he was re-hired. When I informed FRO he was working they said they couldn't do anything as it was under the table work and no way to collect. But in that 3 years they did send him a letter..I'm sure it was very scarey for him. He racked up about 18,000 in arrears and they didn't do squat.

Regarding our most recent dealings with FRO, when my husband spoke with them they said that even if he sent in copies of the cashed CS cheques they still won't consider that 'proof' that he paid!? FRO says they both have to write up a letter saying there are no arrears and they *both* have to sign it. I'm sure the ex will more more than happy and willing to be co-operative...what ex isn't??
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Old 03-26-2008, 09:00 PM
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If a couple is physically separated but not legally then they decide to file a legal separation, can they received retro payments dating back to the date of the physical separation.

It would be easy to prove physical separation because the spouse was removed from the home and charged with spousal abuse.
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Old 03-26-2008, 09:01 PM
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If a couple is physically separated but not legally then they decide to file a legal separation, can they received retro payments dating back to the date of the physical separation. One child involved.

It would be easy to prove physical separation because the spouse was removed from the home and charged with spousal abuse.
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Old 03-26-2008, 09:28 PM
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what to do,

It is possible if its on agreement. If it requires court action, the courts generally only order retro amounts back to the date the action began.
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