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  • #16
    OMG.....

    he didn't mention DRO but he clearly isn't aware of what the processes are so yeah, DRO is probably a factor considering how widespread it is now.
    The Region is important too.
    Are they in Superior Court?

    Final Orders and Separation Agreements are treated differently when it comes to FRO.

    The information about the process he is in is important, I would say so important it should be in our signatures.

    Comment


    • #17
      There are two ways FRO gets involved. One is a support deduction order that is attached to either an agreement, minutes of settlement or an order from the court. If the court orders a support deduction order immediately then the other party has filed something and won with limited input from the payor.

      An agreement can be filed with the court to be turned into an order which is then filed with FRO as a support deduction order. This is what happens to a lot of people especially with old agreements or those who are not happy with the change to support to a lower amount. It’s a dick move and many posters have been warned that this could happen.

      Either way, FRO calculates what is owed and applies it to the account. The payor is given an option to pay or their wages are garnished IF the recipient knows where they work and provides that information. I have only heard of wage garnishment in cases where the payor refused to pay voluntarily or they had a high amount of arrears. Im not saying this happens all the time, Im saying it is something that does happen.

      Jabba has not indicated where he falls in this so I am not going to assume. Something was filed with FRO and his employer was notified and started garnishing his wages. This is an extreme act. Many people who go with FRO are given the option to pay voluntarily.

      Not all courts have a DRO process and it is not always applied to every case. Jabba has not indicated if he was advised of this. Or if his case has gone to this process.

      Comment


      • #18
        Originally posted by pinkHouses View Post
        If you have a Motion to Change in then you can file a motion to adjust child support and it can be done on an emergency order if it is causing severe financial distress.
        You would file a regular motion - definitely not an emergency.

        Court says DRO CCs are different and after going to one you don't get the same options as you do a judge CC.
        Where are you getting your information from?

        but he clearly isn't aware of what the processes are so yeah
        And you are?

        Comment


        • #19
          Originally posted by StillPaying View Post
          You would file a regular motion - definitely not an emergency.
          You don't know that and I don't know that.
          There are parameters for filing an emergency order and one of those is dire financial impact. They are in the rules and they vary between regions.

          As I have been informed a CC must be before a judge before a motion of certain types can be brought and that does not seem right to me, I was told that I was not allowed to bring a motion for child support until I saw a judge, I am yet to verify this but it was from a good legal source.
          For this thread I did ask for a DRO flow or set of rules that go when DRO is in place.


          Originally posted by StillPaying View Post
          Where are you getting your information from?
          Steps to Justice. Whether it is applicable here or not is moot if they simply say they are working of a court order.


          RE: DRO
          And you are?
          Please stop the aggressive stuff. I clearly am of the position I do not know.
          I am also of the position that some people are jumping to conclusion and there isn't enough information to determine with the certainty required to advise.


          I am just here to find out good info and help if I think I can.
          Last edited by pinkHouses; 04-08-2022, 11:31 AM.

          Comment


          • #20
            Your financials are known. You knew when arrears started and what would happen. You can't wait until the final garnishment step to demand everyone stop everything for your emergency. It shouldn't be urgent, let alone an emergency.

            Spreading fake news, having multiple accounts; while confessing you don't know, but you want to help....

            Comment


            • #21
              Originally posted by pinkHouses View Post
              I am also of the position that some people are jumping to conclusion and there isn't enough information to determine with the certainty required to advise.
              You jumped to a conclusion that Jabba had to go to DRO.

              You then got confused about what FRO needs for enforcement.

              Maybe just listen instead of posting if you are trying to gather info yourself.

              Comment


              • #22
                Originally posted by StillPaying View Post
                Your financials are known. You knew when arrears started and what would happen. You can't wait until the final garnishment step to demand everyone stop everything for your emergency. It shouldn't be urgent, let alone an emergency.

                Spreading fake news, having multiple accounts; while confessing you don't know, but you want to help....
                You are way out of line, maybe you are replying to the wrong person?
                Maybe let the OP answer why the garnishment is a problem.

                Originally posted by rockscan View Post
                You jumped to a conclusion that Jabba had to go to DRO.

                You then got confused about what FRO needs for enforcement.

                Maybe just listen instead of posting if you are trying to gather info yourself.
                DRO comes is very wide spread, it is effect in the province of Ontario in different regions. You are certain it is not in effect for the OP. How are you so certain?

                It would be good if the OP can answer these questions:
                1. What region are you in?
                2. Is it a separation agreement or final order you are working with?
                3. Is the 50% garnishment a hardship?
                4. Is the garnishment for non-payment of CS you should not have owed if the CS was updated correctly or for some other reason?
                5. What stage of the process are you in? For example: have not been to a Rule 39 meeting. Have a DRO case conference next month, Have a date in front of a judge for Case Conference next month.

                Comment


                • #23
                  Originally posted by pinkHouses View Post
                  You are certain it is not in effect for the OP. How are you so certain?
                  You're getting so worked up over a cc vs a dcc. Literally a few minutes of research would explain what they are and why we have them - which isn't to add an extra step along the way.

                  Comment


                  • #24
                    Originally posted by pinkHouses View Post
                    You are way out of line, maybe you are replying to the wrong person?
                    Maybe let the OP answer why the garnishment is a problem.



                    DRO comes is very wide spread, it is effect in the province of Ontario in different regions. You are certain it is not in effect for the OP. How are you so certain?

                    It would be good if the OP can answer these questions:
                    1. What region are you in?
                    2. Is it a separation agreement or final order you are working with?
                    3. Is the 50% garnishment a hardship?
                    4. Is the garnishment for non-payment of CS you should not have owed if the CS was updated correctly or for some other reason?
                    5. What stage of the process are you in? For example: have not been to a Rule 39 meeting. Have a DRO case conference next month, Have a date in front of a judge for Case Conference next month.

                    If anyone is getting worked up here it is you. You made an assumption and when two posters made a comment on you went on the attack. SP and I both responded to OP�s question with the limited info he gave. You brought up DRO and incorrect info about FRO�s enforcement. Like I said, maybe stop commenting.

                    Comment


                    • #25
                      Originally posted by StillPaying View Post
                      You're getting so worked up over a cc vs a dcc. Literally a few minutes of research would explain what they are and why we have them - which isn't to add an extra step along the way.
                      Please show more of a purpose for a post than taking a shot at me. It isn't as if I didn't read the Ontario government sites for this.

                      https://www.ontariocourts.ca/scj/fam...%20settlement.

                      Dispute Resolution Officer Programs
                      Dispute Resolution Officers (DROs) are senior family lawyers appointed to conduct family case conferences. DRO programs provide litigants in family proceedings with an early evaluation of their case by a neutral third party. This service often narrows the issues in dispute and facilitates settlement. The work conducted by DROs mainly deals with motions to change child and spousal support orders.

                      In locations where the DRO program is offered, the first appearance on a request to change an order comes before a DRO, rather than a judge. The DRO meets with the parties to determine the issues, explore settlement options, and determine if the file is ready to go before a judge. DROs do not have the authority to make orders, but are often able to help the parties agree to a settlement, which can then be confirmed by a judge, or at a minimum, can assist in setting a schedule for disclosure and the next steps in a case
                      more details:
                      https://www.ontariocourts.ca/scj/pra...urt_of_Justice

                      It doesn't help that a lot of the documentation simply refers to Case Conference and so does the lingo, it is confusing for people.

                      So after a DRO, is someone permitted to file a motion? The normal lingo is that motions can happen after a case conference. Emergency motions can happen anytime.

                      So what types of orders that are not on consent can happen at a DRO CC? doesn't say. Doesn't say if motions are allowed to happen after a DRO CC and it doesn't hurt to add some information.

                      And yes....they can file an emergency motion if they want to but they should read the rules for emergency motions in their region.

                      I don't know why you guys are so hung up on telling the OP to give up or take shots. Someone else reading this thread might read that there is no way to have CS changed without a trial.
                      Last edited by pinkHouses; 04-08-2022, 03:12 PM.

                      Comment


                      • #26
                        I never said he could give up. I said he needed to file the motion to change and request that enforcement stop.

                        You can file a motion after a DRO but it depends on the motion and the court and the action you have going on.

                        You have hijacked this thread unnecessarily. OP doesnt need to give any further info because he didn’t ask any questions around what you want to know. He asked about stopping enforcement (requires a temporary order) and noted he had filed a motion to change. If you have further questions about these topics, ask them in your own threads and stop attacking other posters for keeping the thread on track.

                        Comment


                        • #27
                          You are wrong Rockscan.
                          The OP asked a question BUT he didn't give enough information in the question to get an answer but that didn't stop you from giving advice.

                          I am sorry that you feel that once you decide something it is right and everyone else is wrong.

                          "File a Motion" isn't helpful because one cannot simply "file a motion" when ever they feel like it no matter how right they are.
                          In addition to that they need the right argument to win that motion.
                          They filed a Motion for Change....now they have to wait until when?
                          What do they need to argue and prove in that motion?

                          Comment


                          • #28
                            Originally posted by rockscan View Post
                            If anyone is getting worked up here it is you. You made an assumption and when two posters made a comment on you went on the attack. SP and I both responded to OP�s question with the limited info he gave. You brought up DRO and incorrect info about FRO�s enforcement. Like I said, maybe stop commenting.
                            LOL...if anyone said that to you you would lose it!

                            Wow...you would make a great mechanic.
                            Client: "My car makes a noise, can you help me?"
                            Mechanic: "sure!" and then proceeds to replace the radio. LOL

                            Comment


                            • #29
                              Originally posted by pinkHouses View Post
                              You are wrong Rockscan.
                              Coming from you, not hurt.

                              The OP asked a question BUT he didn't give enough information in the question to get an answer but that didn't stop you from giving advice.
                              He did give enough info. How do you stop garnishment of wages. He was answered. He also noted he filed a motion to change child support. No other info was required. YOU wanted more info.

                              I am sorry that you feel that once you decide something it is right and everyone else is wrong.
                              Are you talking to yourself here?

                              ”File a Motion" isn't helpful because one cannot simply "file a motion" when ever they feel like it no matter how right they are.
                              Actually they can. Whether they can win that motion doesn’t stop people either.
                              In addition to that they need the right argument to win that motion.
                              True but it doesn’t stop them from filing.

                              They filed a Motion for Change....now they have to wait until when?
                              Until they get in front of a judge.
                              What do they need to argue and prove in that motion?
                              In this case, that their income changed, that they paid the support, that enforcement is unfair…

                              There are simple cases and complicated cases. Based on what Jabba posted, its a simple motion to change child support and enforcement via FRO. What will complicate it is the opposing party and how they feel. Also if Jabba is hiding income, refuses to work. Or if his ex is making outlandish claims and filing ineligible expenses.

                              Comment


                              • #30
                                Baby steps....glad case conference is now a judge case conference for rockscan. I would hate for the OP to go to a Case Conference in front of a DRO and find that he doesn't have the same options.

                                There is this act see: Family Responsibility and Support Arrears Enforcement Act, 1996, S.O. 1996, c. 31
                                https://www.ontario.ca/laws/statute/96f31

                                In that act there is a section specific to the suspension and fighting of the suspension of drivers licenses. Perhaps this is what imadad used, doesn't apply here but hey check out all his posts to determine if a drivers license is the same thing as garnishment.
                                SUPPORT DEDUCTION ORDERS — ENFORCEMENT and "income sources" the OP can look up. There are ways to appeal this and that in the order but those timelines are short and I didn't see any for the payor appealing wage garnishment.

                                Reasons for brining an Urgent motion with Notice, emergency motion is not a thing.
                                https://familycourt.cleo.on.ca/en/ap...-motion-notice
                                "you will face hardship if you have to wait to bring your motion after a case conference"

                                found this but it is for 2018 and for a specific region of the province.
                                C. Urgent Motions on Notice https://www.ontariocourts.ca/scj/pra...ions_on_Notice
                                "A party may seek an urgent motion on notice without a case conference in situations of urgency or hardship including issues such as abduction, threats of harm or dire financial harm. A party seeking such a Motion must file all of the required materials."

                                One can also file a 14B to have the case conference urgently...or even bring a motion early.


                                So, once again. With feeling:
                                -will the OP face hardship if he has to wait to bring his motion after a case conference?
                                -What region is the OP in?
                                -COVID has caused change in process and practice and timelines.

                                Oh, look at me hijacking the thread with information and the sources.

                                Comment

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