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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 11-05-2010, 10:48 PM
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Kimberley Kimberley is offline
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Default Default Hearing Curiosity

I haven't posted here in a dog's age (or maybe a fish's age) but anywho...

My ex was served (or mailed a letter?? I have no idea how they do that) on September 9th according to FRO updates for a Default Hearing on November 8th.
Thus far FRO has done the following (other than trying to get him to contact them to enter into a VAPS - he has ignored letters and changed his phone number of which I was never provided this time)
  • His drivers license was suspended on June 18th (which means he cut off all visitation and hasn't bothered with the kids since his last bi-weekly visitation on June 13th)
  • They issued yet another Federal deduction order (the 4th since December 2009)
  • They reported him to the Credit Bureau (He wouldn't care less about this).
I know nothing about his employment, but I do know for 100% certain (without proof that could be provided of course) that he is working for cash under the table (construction and farming).

He is more than $6700 in arrears at this time; the last payment that was ever received by FRO was back in late March 2010.

He has never once paid willingly, it's all had to be garnished (quit 2 jobs within a month of the garnishments going through), and then any income tax/GST/EI that he may have had.

Now that he's 'off the grid' as far as an income is concerned, does anyone know what even happens at a default hearing? I know what the website says, but I don't think any of it is realistic in this situation.

Does he have to be there, or can whatever lawyer he scrambles to use represent him?
What if nothing was filed/served in that '10 days' FRO claims on their website?
What if he doesn't provide any financial information?
What if he claims that he can't pay and wants the arrears and the order changed? (Would that not require a motion which I should be served with?)

I suppose there are a lot of variables, but basically it's more than 7 months since any CS has been paid out, he's cancelled 10 consecutive visitation days (12 visitations total considering the other ones just before those that he cancelled with 12 hours notice), he continues to earn more than enough money for him & his g/f to have a home, not one appliance or piece of furniture is older than 3 years, they have taken vacations (this includes taking the 2 children they had together) - and no-one can tell me it's because she works... since she only works P/T at Timmies.

I squeeze every cent I can out of each pay to ensure the kids have the things they need and that the bills are paid, but frankly some help from the other parent who wanted these kids during the 14 year marriage would be nice. Money is tight and I'm pretty much living pay to pay, so many needed items get pushed to the back of the line since I can't get blood out of a stone.

He refuses to contact the kids, and will even lie about it. I have tried to get him to email, message, even call to keep in touch with them, but he refuses unless I withdraw the CS order from FRO and get his license reinstated (he must be sniffing something strong).

The kids do not even speak about him anymore, and they stopped trying to contact him since they get no response; but I'll be damned if I give in to his 'blackmail' - they are his kids too and he's financially responsible whether he likes it or not!

Ok.. so there were questions in the midst of that vent if anyone can find them

Last edited by Kimberley; 11-05-2010 at 10:50 PM.
  #2  
Old 11-08-2010, 03:58 PM
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Hi there..I am in the exact same boat. My ex, same...worked under the table and my support has never been ongoing unless it has been a garnishement of some sort, and has been going on since 2002. There have been default hearings etc and my ex did not show. The first one, then the second and then a bench warrant was issued. If this happens, your ex will be arrested and made to pay the outstanding amount. As far as my issue goes, the lawyer or your ex must attend. If they do not, the judge can issue another date, giving him a second chance or a bench warrant. If he does show, he must prove, why nothing has been paid, and has pretty good proof. You may very well want to attend. I did and was able to speak. I actually spoke to the FRO representative that goes on my behalf so that a payment schedule was issued. If the payment schedule was not followed, I asked for a bench warrant to be issued. To be very honest? You want a bench warrant because once they are arrested? The monies must be paid before he gets out.
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Old 11-09-2010, 04:56 PM
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Sorry to just jump in here, but I have a quick question.

My ex's default hearing is in 2 weeks. He has been served and is aware of the date (thats what my caseworker told me). She also told me to call back 1 month after the date to be updated on the outcome (apparently thats how long it takes for her to find out). So, to those who have done this before me, will a bench warrant be issued if he does not appear at the first hearing?

It seems nuts to me that I have to wait an entire month to find out what happened. Obviously, I could go and watch, but I cannot afford a day off work. The last time I was in court I sat there for 4 hours and he didn't show.

Good luck Kimberley. I hope things go in your favour.
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Old 11-10-2010, 07:27 AM
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Hi Kimberly...no,,you DO NOT have to wait a month. I have been dealing with this exact same thing, for 10 years. Make sure you have your court file number. The following day, you can call the court and find out what happened in the case.

In my situation, after a first hearing, if he does not show, it is up to the judge to decide how it will go. Normally, from what I have seen with my case, is that it is adjourned to another date and if he does not show at this one, a bench warrant is issued. Once the warrant is issued, and you know of his whereabouts, call the police and they will go and get him. I have done it before. My ex has been arrested 3 times.

Good luck...the courts are in your favour with this one.
  #5  
Old 11-10-2010, 08:01 AM
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Thanks Kelly,

Would the court file number be the same as the one I have been using? Not sure that made sense. LOL FRO is taking him to court this time, would that number be the same as the one I have? I took him to court a year ago (motion to change) and he showed up for the first appearance and even picked the date of the case conference, but made no appearances after that. The judge finally imputed his income and the new amount was sent to FRO. I believe that was in May. The way I understood it, this time the issue is between him and FRO, and therefore nothing to do with me. I can watch but not speak sort of thing. So is it a new number or the one I have?

If he does not show up to the first hearing, how long does he get before the next one? FRO started the paperwork in Aug for this one and its in 2 weeks so I hope he doesn't get another 3 months.

Also, maybe you might know this as well. They garnished his bank account last July. I was orginally told (in Sept) that the bank said no customer by that name, which came as no real surprise cause he uses a business account. However, last week in talking with the caseworker she said the bank never responded. They never heard a word from the bank either way. Can this be right? I thought the bank had like 30 days or something to say what was up, not necessarily garnish funds but at least respond in some way.

He owes just a touch under $16,000 right now and is 20 months behind. I want this to be over.
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Old 11-10-2010, 08:19 AM
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Oh my goodness you are living my life!!! :-)

Yes, your court file number will not change. Whether you go or FRO goes, it is all under the same court number. As well, if FRO is taking him to court, you can push them to strongly advise the judge, based on that he is in default of his arrears, he has not provided his full financial discloure as per Family Law, meaning he will not provide his bank account, etc. Another way to approach it is to have a payment schedule outlinled for the arrears. If he defaults in anyway, it is an automatic bench warrant. I am assuming he will show, so he will have some pretty tough questions to answer from the judge. My ex's bank account has been garnished for 10 years, he has NEVER paid on his own, only through an arrest (to get out of jail) or a GST, sometimes not even. No that I have sent letters (I am self representing) he brought a motion forward to cease his payments. He has not even filed tax returns for 2006,2007, 2008 and 2009. Please know the courts are in your favor. I have dealt very closely with FRO for years. Getting a default hearing takes time, I know so you really want to get the most out of it. What happened at my ex's default hearing this past June? He was in arrears of just shy of 15,000.00. He was made to follow a payment schedule and then a date of 2 months after was set to see if he followed. He had not and was arrested and had to pay the remaining before getting out of jail. My best advice to you is to get that payment arrangement set on this upcoming court date and FRO can push to get a follow up hearing as well. My payments, were 1 lump sum by such a date, then two weeks later, and so on.
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Old 11-10-2010, 09:54 AM
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email me at kelly_6momsplace@hotmail.com as I cannot retrieve my private box for some reason.
  #8  
Old 11-10-2010, 06:13 PM
supar3 supar3 is offline
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Did I lose you?
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Old 11-18-2010, 09:00 PM
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Ouch, hi-jacked I guess lol

It's supposed to be a few weeks before there is any new information available as the FRO lawyers are quite busy. Perhaps next month they will have the chance to update my case and I'll find out what went on.

Best of luck to the other two in this thread though
  #10  
Old 11-25-2010, 08:15 AM
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So Kimberley, you still haven't heard the outcome from the hearing? My ex appeared yesterday and I am going to call the court today and see what I can find out.

Let me know how things go for you. It looks like we are in the same boat, just a couple of weeks apart. My kids however want nothing to do with him. They get what he is doing and know it is wrong. He calls but they avoid him the best they can.
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