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  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 03-24-2020, 01:22 PM
velas velas is offline
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Default Adult child/job loss

Well, I got laid off today, due to COVID. . Not too worried about it, Iím unionized and likely will be back in 6 months or so.

However, I just received a letter from support enforcement that my childís mother sent them a doctors note and I am now obligated to pay support starting from January 1st. I have received nothing from the mother. My child is an alcoholic and is currently living in a shelter. (She knows the option for her to live with us is there if she doesnít drink - I have a 7 year old)

The enforcement agency apparently has the right to simply take a note and determine entitlement? Reading through the google, I was under the impression that a judge would need to look at all the facts of the case and make a determination. Is she receiving government benefits, what is her treatment plan, is she following it, she sits in the shelter all day and drinks or does drugs. She was kicked out of her mothers house for drinking and causing damage. I am planning to file a motion requesting termination and at the very least more information about this disability that she is claiming my child has.

I have paid for 10 years, never missed a payment, I have over 30k saved up for her education, please donít think I just donít want to pay. I am not even telling my ex Iím laid off. If Iím still paying next year, it will be recalculated to the lower amount. If my wife doesnít get laid off today (she finds out in 3 hours...) we will be able to make this work.
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Old 03-24-2020, 01:55 PM
rockscan rockscan is offline
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Default Adult child/job loss

I would be calling them and advising that she is not living with the mother and therefore not entitled to support. Speak to a supervisor and remind them that the child is not in school full time or living with the parent seeking payment.
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Old 03-24-2020, 03:09 PM
velas velas is offline
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They are not accepting phone calls right now. However the response I received via email was talk to a lawyer and file a variation if you donít like it. Lol okay, and for the next 6 months? They are well aware she is not living with her mother. I guess if her mother is still buying her groceries on occasion, thatís cause for support. However thereís no way her mother is buying her groceries using all the money Iíd be giving her plus using some of her own money. This is so frustrating on top of getting my lay off notice.
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Old 03-24-2020, 04:04 PM
rockscan rockscan is offline
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Do they halt payments with proof of an application being filed?
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Old 03-25-2020, 10:40 PM
seeker101 seeker101 is offline
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How can FRO determine what amount is owed... their mandate is to simply enforce?

I'm guessing currently there is a child support order which FRO is enforcing? Is it table amount? Is your ex now claiming additional expenses as s7? What does your currently enforced child support order say about s7?

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Old 03-26-2020, 12:23 AM
dad2bandm dad2bandm is offline
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Yeah, something is missing here

A doctor note for what? For which expense?
They can only enforce existing order. So it sounds like the note is for an expense covered in order?
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Old 03-26-2020, 08:59 AM
velas velas is offline
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So, the order is in NL and the agency there cancelled the child support after she turned 19. I just got a letter in the mail stating they are re-instating it after the mother sent them a "dr note". And they are back-dating it to January 1. The mother did not advise me prior, and the child has advised me she is not living at home. Going home occasionally, but living in a shelter/with boyfriend most of the time.
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Old 03-26-2020, 11:28 AM
seeker101 seeker101 is offline
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Did the order say that it will terminate once child turns 19? If not, then agency can't even terminate it in the first place. You would have had to apply to the courts to have that order terminated or varied.

It is confusing as to how the enforcement agency can (arbitrarily) stop payments first and then reinstate them later??

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Old 03-26-2020, 03:53 PM
rockscan rockscan is offline
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I think you should contact them and dispute this. If your order says 19 and not in school full time then that is the order they enforce. The onus would be on your ex to file a motion for continued support for a child not in school full time. They have arbitrarily gone around the order as written and made a court decision without the powers to do so. As part of their mandate, they cannot change orders, they just enforce them. Therefore they are enforcing an order that does not exist. You can call and speak to someone and escalate it to the director or mail the director alone.



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Old 05-02-2020, 09:28 AM
velas velas is offline
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Just wanted to provide a quick update on this. After some back and forth with my case worked at the enforcement office they have closed my file and I am not required to pay support at this time. I had sent them documentation proving the child was not living with her mother. They originally told me that even though the child was not living with mom, I would have to pay as mom said child was still dependent on her. The director reviewed my file and closed the account as child is not living with mom. However, child got accepted to university in the fall, so they will re-open the file at that time once they have the registration documents.
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