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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 06-20-2009, 01:12 AM
Great Dad Great Dad is offline
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Default FRO nightmare!!

Over 16 yrs ago my ex decided to go through the FRO to enforce the order for child support. I've been at the same job and had all the payments deducted of my paychecks automatically.
Well apparently my ex-wifes common law was taken back to court by his ex and so of course you all know what follows... on top of that she contacted the FRO who apparently didn't factor in the cost of living for the last 11 yrs and they now called me and said I'm in arrears for a great deal of money.
The FRO won't tell me anything, why this happened. Any advice would be appreciated.
As you can see by the date, our son is almost an adult.
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Old 06-20-2009, 12:38 PM
AtALoss AtALoss is offline
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Default Issues with FRO

I would like to talk further about your story. If you are more comfortable speaking privately please feel free to do so via PM.
In the mean time please search out a few of my most recent posts to see what we are about. as well Richard's space - Windows Live
FRO can be very nasty to both payors and recipiants and it should not be. Trust that we are working hard to see change. But isf there is anything you may need in the way of advice, contact us.
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Old 06-20-2009, 12:47 PM
AtALoss AtALoss is offline
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Quote:
Originally Posted by Great Dad View Post
Over 16 yrs ago my ex decided to go through the FRO to enforce the order for child support. I've been at the same job and had all the payments deducted of my paychecks automatically.
Well apparently my ex-wifes common law was taken back to court by his ex and so of course you all know what follows... on top of that she contacted the FRO who apparently didn't factor in the cost of living for the last 11 yrs and they now called me and said I'm in arrears for a great deal of money.
The FRO won't tell me anything, why this happened. Any advice would be appreciated.
As you can see by the date, our son is almost an adult.
is it written on the support order for a cost of living allowance or COLA? or to be reviewed annually. It is important that this be very explicit. If it is not in the original or any other subsequent orders, there is very little the EX can do. Basically too late to have it changed. This would also be why FRO would not have done anything about it in the past either. A COLA is supposed to be an automatic thing. Niether of you would have had anycontrol over it happening or not. What likely has happened is that the EX thought they could get something from this clause and is trying.
You say aswell this child is almost an adult would they be working any? This would also strengthen your case in that while the normal support may still be needed they make some money therefore a COLA is not really needed, Just the EX being greedy.
Like anything in family law you need documentation to back any of this.
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Old 06-21-2009, 10:18 AM
Great Dad Great Dad is offline
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In 1994 the order indicated cost of living additions ("shall be indexed according to the indexing factor as defined under the family law act 1986 section 34(5) & (6) commencing the first day of September 1998") but the FRO never added or indexed this yearly.
Now 11 years later they calculate it and say that I am in arrears to over $8000.
I then receive a letter indicating that they are going to take 50% of my income until the arrears are paid.
I have never been in arrears this entire time.
My son (turning 17 in Aug) now has a part time job but makes limited income only working 10-12 hrs during the school year per week and will be working 15-25 hrs during the summer months per week.
I am just wondering where my responsibility is for FRO screw up and is it fair to saddle me with the 50% deduction from my pay.

Last edited by Great Dad; 06-21-2009 at 10:20 AM. Reason: add info
  #5  
Old 06-21-2009, 11:13 AM
AtALoss AtALoss is offline
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First thing you need to do is get a Director's statement of arrears. FRO would not have to calculate it it should have been automatically calculated by the computer system and would show if you look every year at the same point. (Sept) This would also be an administrative error , and that thr FRO would be responsible for this error. In the future if the COLA hasnt been added from the Date they came after you you would be expected to oay the difference but they definately cant accuse you of having arrears due to the fact that you were acting in good faith and they were not. It would be the Director that would be responsible.
In a nut shell what happen to my spouse is support was to cease in 2002. FRO has it recorded on thier statement of arrears support was terninated Dec2004. 5 years after the fact they are still trying to collect on arrears that accumulated after these facts. I know this does not immediately help you. But we are fighting to have FRO clean up thier act as there are too many payors that are in positions we find ourselves in. Too many Dads(payors) are held in such a bad position when things like this happen they cant fight back. They just give up but it only takes a few with a stubborn streak (my spouse to influence change) what I can offer you with your permisssion is to share your story with our lawyer ombudsman and our media contacts. This is going to tell all that there is a huge problem at FRO and that we all demend that some thing be done. We just need to gather up theses stories.
Had they done their work at the time you and my spouse would not be where you are. He had a cola as well and it amounted to about $20 a month extra really a small increase, but they did do it. Unfortunately you are liable as it stands but you may be able to gain credit for it it you fight it on the grounds that FRO was not acting in good faith. (this would be a miminum you could seek) But thier lack of good faith is the heart of thier problem. As for the 50% you can and have the right to negotiate a repayment scedule or VAPS - voluntary Repayment in the meantime. This shows that you are still willing to pay but not get into further trouble. My ex negotiated a VAPS for less than $100a month on $2700 they accepted that no problem. They try to use the 50% as scare tactics but if you dont give them something yes they can take that amount. Get that statement! Another note a COLA would not increase if there was not an increase to the govt cost of living, It would be nil that years. Something that you would need to check as well.
  #6  
Old 06-21-2009, 11:21 AM
AtALoss AtALoss is offline
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As an end note to my spouse's story
Dec4,2008 it was determined in court that FRO had no jurisdiction since Mar 2002 to collect support/enforce arrears. So he won. Now we are waiting for costs to be read and FRO not the Ex may have to repay $36000+. FRO still maintains that they dont have to.Our lawyer believes they do and our next step will be to sue the Crown. It should not have to go to this really but FRO does not want to act in good faith, well......
  #7  
Old 06-21-2009, 11:44 AM
Great Dad Great Dad is offline
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You should also sue for your legal fee's.
  #8  
Old 06-21-2009, 04:20 PM
AtALoss AtALoss is offline
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Actually that is the one thing that we are waiting for as the costs will be read in the next few days. He won so is resonable to expect to be awarded them as well lawyer had great points why he should.( case law) Also in the Dec08 judgement it was expected by all that the overpayment would be returned to him. FRO says they wont do with out an order and they expect him to sue the ex. We say no as they with held evidence from the court, ignored previous orders etc and just carried on. Too many things went wrong for FRO in this case. If we have to then we will. Hoping it will be in the cost reading. Then there is also the issue of punitive damages as well. Alot was lost.
  #9  
Old 06-22-2009, 08:15 AM
lawchanger lawchanger is offline
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We may have the same nightmare. 11 yrs of paying same index clause and FRO. May need your help and you may use our names for Lawyers and changes in the laws. I will keep you informed
  #10  
Old 06-22-2009, 09:21 AM
AtALoss AtALoss is offline
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Thank you, and hopefully, collectively we will make a difference. Please be assured that any of your information will be kept confidential. Our team is meticulous in this point. Where we stand now is that by gathering stories it shows 2 things - We are not alone, and the depth of the mes that is with in FRO. I hope we will be able to keep in touch over the coming months with you and all that we have spoken too.

If there are little bits of advice, a sounding board etc that we can offer to anyone we are more than willing. For a long time we did not have that support and now we do it has made the world of difference. We just want to give back too.
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