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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 05-14-2019, 10:56 PM
BetterRobert BetterRobert is offline
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Default Are spousal support orders automatically filed with the FRO?

I received a motion ruling today which includes spousal support. Is the FRO automatically notified, or must I file additional paperworks with them?
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Old 05-15-2019, 07:09 AM
rockscan rockscan is offline
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If you received a support deduction order then that can be filed with fro.

It may not apply for ss though. You should contact fro or ask flic at the courthouse.
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Old 05-15-2019, 08:00 AM
ifonlyihadknown ifonlyihadknown is offline
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You have to register with FRO. They will enforce SS as well.
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Old 05-15-2019, 05:21 PM
BetterRobert BetterRobert is offline
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My ex's lawyer has sent me a draft order. I have replied saying I would prefer a court clerk to draft and file, so I can be assured it finds its way to the FRO. Apparently all support orders are automatically filed with the FRO. He replied:

Quote:
As for your receiving the spousal support from FRO, this is the standard/quickest way for them to enforce it: you and I approve the order that I sent you and send that drafted order “approved as to form and content” to the courthouse to be issued. When the court returns the issued order, we file it along with a support deduction order and information form that the court will send to FRO. The faster you approve the order, the faster we can get it issued and entered, and the faster you will receive the spousal support. FRO will not enforce an endorsement, only an issued order, and there isn’t an issued order until you and I file an approved draft order.
Is this true? The court won't issue an order on their own from an endorsement?
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Old 05-15-2019, 06:08 PM
rockscan rockscan is offline
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A draft order? Is it a draft agreement? There are no draft orders. The judge approves an agreement which is then turned into an order or a judge makes an order. That is then sent to FRO.
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Old 05-15-2019, 06:48 PM
BetterRobert BetterRobert is offline
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Quote:
Originally Posted by rockscan View Post
A draft order? Is it a draft agreement? There are no draft orders. The judge approves an agreement which is then turned into an order or a judge makes an order. That is then sent to FRO.
On Monday, I received an email from SCJ-CSJ Decisions that read:

Quote:
Please find attached, Justice C ’s Endorsement regarding a motion heard before him on March 29, 2019.
The Endorsement includes some verbiage directing orders to be made.

My ex's lawyer than sent me a Form 25: Order (General) with the Temporary box ticked, that includes everything from the judge's endorsement.

Also, the date on the 'draft order' (as he called it) is the motion hearing's date, rather than the endorsement date. From ex's lawyer:

Quote:
Attached is a draft order pursuant to Justice C ’s endorsement. Please approve the order by signing and printing your name in the allotted spot on the second page and return a copy to my office by email or fax. Once received, I will have my office file the order with the court.
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Old 05-15-2019, 07:03 PM
BetterRobert BetterRobert is offline
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Also, rockscan, draft orders are a thing apparently:

https://lso.ca/lawyers/practice-supp...enter-an-order

Quote:
Complete the form of the draft order
A draft formal order may be prepared by any affected party and sent to all other parties represented at the hearing for approval of the form of the draft. Usually, the draft is prepared by the successful party (r. 59.03(1)).
https://familycourt.cleo.on.ca/en/fa...urt/glossary/e

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To make an endorsement into a court order, you or your partner prepare a document called a draft order, that you both sign. You must do this if you want an order that is enforceable. This means the court can order you or your partner to do what the court order says. Sometimes the court clerk prepares the draft order.
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Old 05-15-2019, 07:54 PM
rockscan rockscan is offline
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That makes sense.

What the lawyer said about filing it is correct. The endorsement of the motion becomes and order and then is filed with FRO.
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Old 05-16-2019, 03:00 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
As for your receiving the spousal support from FRO, this is the standard/quickest way for them to enforce it: you and I approve the order that I sent you and send that drafted order “approved as to form and content” to the courthouse to be issued. When the court returns the issued order, we file it along with a support deduction order and information form that the court will send to FRO. The faster you approve the order, the faster we can get it issued and entered, and the faster you will receive the spousal support. FRO will not enforce an endorsement, only an issued order, and there isn’t an issued order until you and I file an approved draft order.
Yes, this is correct.

Quote:
A draft order? Is it a draft agreement? There are no draft orders.
A judge will make an order (which they write in their endorsement), however the parties are then responsible for drafting the Form 25: Order which will be the physical order signed by the judge (or, often, a clerk) based upon the endorsement.

It is not an opportunity to change anything, but it needs to be done.

Orders are enforceable once made, and does not require the order to be taken out, although FRO will not do anything until they have the SDO (which are issued when the order is taken out).

Quote:
I have replied saying I would prefer a court clerk to draft and file
Please note: in some jurisdictions, the court clerks will not prepare an order if there is a lawyer representing either side - they will expect the lawyer(s) to do it.
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  #10  
Old 05-21-2019, 02:37 PM
Happyatlantic Happyatlantic is offline
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Spousal Support Orders are automatically registered with MEPS or a FRO. It is the law. Trust me when I tell you MEPS and/or FRO have teeth - big ones.
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