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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 04-18-2014, 06:18 PM
Once.is.enough Once.is.enough is offline
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Default What happens with child suport arrears

Just curious I have a court order that is three years old and registered with Fro as I am in ontario. I have not received any payments and don't think they have tracked down the ex. Will they make the arrears payable once they catch up with them or does it just get wiped out eventually?
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Old 04-19-2014, 12:08 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
Will they make the arrears payable once they catch up with them or does it just get wiped out eventually?
The payor's account will show more and more funds owing. They will seek out the ex, based on SIN and income tax information, and garnish when funds are available.

Arrears are never wiped without a court Order.
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Old 04-19-2014, 07:33 PM
Beachnana Beachnana is offline
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If he has not paid in 3 years, then I doubt he is submitting tax returns either. Has FRO suggested their next course of action. Maybe a passport alert at all borders in case he travels out of Canada. Perhaps you will need to hire a PI to look for him. He cannot hide for ever. At this point he should have a warrant out for his arrest. I believe FRO can suspend his drivers licence and any other professional licences he holds. Have you given FRO every bit of detail on your ex. Did you ever hold joint car insurance, because your insurance company would have a copy of his drivers licence on file. Need to do some digging. FRO does not know him like you do. Old habits die hard he is bound to contact old friends.
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Old 04-19-2014, 09:28 PM
Once.is.enough Once.is.enough is offline
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Ex s drivers licence was suspended for ten years four years ago and no passport is issued. Haven't had any contact or heard anything about them in three years. I know they will catch up eventually but was wondering if they would just go to court cry poor and have arrears wiped out?
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Old 04-19-2014, 11:28 PM
Serene Serene is offline
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14 years no contact with payor. 14 years no support. Owed at least 60K....sigh...
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Old 04-20-2014, 12:36 AM
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OP - someday you will collect 50% of your ex's CPP (when he/she applies for it). It may not seem like alot of money to you now but when you are elderly it will mean the world to you.

The debt will not go away unless he/she dies. At that time the debt can be applied against his/her estate. Just be sure that you keep in touch with FRO (your address, phone number) and give them any information you may have as to the whereabouts of your ex.

Also note - if you yourself have ever collected any welfare/social insurance, the the Province you are in will go after your ex for payment (without your approval). Chances of your ex ever being given a "pass" is slim to nothing in that case.

Last edited by arabian; 04-20-2014 at 12:44 AM.
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Old 04-21-2014, 08:37 AM
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OP - someday you will collect 50% of your ex's CPP (when he/she applies for it).
I disagree with this statement from personal experience. Once the FRO considers your case stale they send a letter saying they are no longer actively enforcing and remove themselves.

It is important to say that stale in this case there were no tax returns filed in 15 years, license life time suspension, no passport or any other federal licenses, no bank accounts or employer. The payer was self employed and all contact information was known and did spend max jail time allowable.

FRO removed themselves with over 62 000 owed to payee saying unable to enforce.
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Old 04-21-2014, 09:01 AM
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Quite possibly could differ from province-to-province. I've never heard of "stale" cases. Might be a time to write to your Ombudsman and inquire if this is not an administrative error. It is not unusual for support arrears to be on file indefinitely (in Alberta) and in some cases for arrears to be submitted on one's behalf as a debt owing against a decease's estate.

Sooner or later these deadbeats return to the country or come to surface when they access health care services in their golden years. If there is a lien in place with the Federal government then you will indeed receive 50% of CPP.

Maintenance enforcement agencies make errors all the time. I'd persist in ensuring the all liens stay in place.
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