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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 12-11-2017, 02:44 PM
Gilligan Gilligan is offline
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Default HELP - How to increase CS with FRO when there is no consent

I'm curious if anybody has gone through anything similar.

I pay offset Child Support. My ex's income has changed due to a medical issue and they are currently on LTD.

They are making a claim for retroactive CS. I know I need to increase my payments, but my order is currently enforced by FRO. Everything I've been told is that I should follow the order and if I pay out of pocket, then consider it a donation because FRO may not necessarily accept that I've already paid the increase.

Although I told ex that I would consent to changes for CS and they could continue to litigate retro, they are unwilling to settle on CS.

Any recommendations? I haven't called FRO yet, but am about to try to see what they can suggest. I'm trying to meet my obligations, but given it's done through a court order, I seem to be out of luck.


Thanks,
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Old 12-11-2017, 03:06 PM
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arabian arabian is offline
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Strangely enough, in Alberta (MEP) the recipient of money can be fined by MEP for accepting cash from payor if MEP is enforcing order/collecting money and distributing to recipient. It's a big no-no.

Check out FRO's position on this.
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Old 12-11-2017, 05:45 PM
rockscan rockscan is offline
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Put the extra monthly amount into a savings account.

Send the ex an email stating you are willing to sign an order on consent updating child support from x date to now.

If they refuse and want to continue to litigate you do an offer to settle on what you would agree to (and what the court would order) and send it.

If they refuse both consent and offer you wait for an order continuing to put the additional funds in savings so you dont get a shock.

Arabian, MEP is miles ahead of FRO, theres no comparison. Cases like these are why FRO is one of the biggest complaints the Ombudsman gets yearly
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Old 12-11-2017, 06:49 PM
Beachnana Beachnana is offline
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If you are already using FRO one of the parties needs to complete a Motion Of Consent and they Sign it And the other party signs it. Then take it to the court house and get the judges signature etc. A duty clerk will do this for you. Then send a copy to FRO.

It will take upwards of 60 days for them to sort it all out. So Iím the
Meantime pay theAount you should be paying and FRO will hold onto it until they verify the. Amounts and the consent etc and then they will payout any
Monies held for you.

Make sure you put the exact amounts
And what income calculations itís based on and also include an annual reconciliation should either parties income change
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Old 12-11-2017, 09:02 PM
Gilligan Gilligan is offline
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Quote:
Originally Posted by Beachnana View Post
If you are already using FRO one of the parties needs to complete a Motion Of Consent and they Sign it And the other party signs it. Then take it to the court house and get the judges signature etc. A duty clerk will do this for you. Then send a copy to FRO.
Thanks, this is useful, but I wonder if it's too late. Ex has already filed a motion to change and I've submitted my reply. When attempting to negotiate, I've consented to the change, however the support recipient will not accept it unless the start date is 3 years previously You would think such an action might be grounds for an unreasonable delay on the part of the recipient.

I suspect that they are trying to make it appear that I'm refusing to pay, but it's not at all the case. I've been putting the money away based on the date where ex approached me, even though they only supplied income information 5 months after that time.

Appreciate the feedback
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Old 12-11-2017, 10:03 PM
rockscan rockscan is offline
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My partner started paying FRO the increased amount and after two years they sent it back.

He offered to sign a consent to change. Ignored.

His ex is seeking retro cs for table amounts that donít exist. His lawyer said put the excess money in an account and add the extra each month.

Your ex is not being reasonable. Your income is what it was. If her income changed she will have to demonstrate why it should be retro and why she waited. Go through the process with court all while putting the monthly amount in an account.
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