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

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Old 08-30-2010, 02:01 PM
supar3 supar3 is offline
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Default Default hearing time line

My caseworker informed me last week that she was starting the paperwork to proceed with a default hearing. She told me to call back in 6 weeks for an update. I was just curious to know how long this type of action takes? She mentioned it was slow, but I was wondering how slow. I called the 1-800# this morning to see if anything new had been added, but so far nothing. I am not even sure this type of information would be added. I don't want to let my guard down and assume things are being taken care of. I did that once before and it delayed everything by 3 months.

I guess I would like to know what happens next? Do I appear in court for anything? Will I be kept up to date with how things are proceeding or be informed of his court date?

I really have no idea what to expect from this. As of today, he owes 14,025.00. At this point all I am hoping is to see some of this before Christmas.

Thanks,
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Old 08-30-2010, 06:48 PM
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As your agent, no doubt they will be contacting and updating information with you as they progress in their collection efforts.
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Old 09-05-2010, 09:58 PM
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Doubt it! In the last year, I have heard nothing from FRO in regards to my file that is going through a default hearing as I type this...
No child support paid for 2 years...amounting to $15,000 + in arrears, Federal Lic suspension, drivers lic suspension, credit bureau notifiction, writ of sale and seizure and not once have the FRO contacted me!
I call them once every two weeks and update my own file with the information that they provide. There have been three default court dates and in the first one the judge issued jail time if he did not pay on certain dates...well those dates came and went and the next court date, he did not show in court...Ok..so they issued a discretionary bench warrant giving him another two months to show up to the next court date...at the next court date, they gave him another three months to decide if he wants to file a motion to change...
After each court date, I called the next day, found out what transpired on the court file and went to the court house to obtain the endorsement.
Justice?? FRO's a joke.
He has no intentions of paying support...is playing the system... and quite frankly has horseshoes up his arse!
Sooo to answer your question...you will be very very lucky to see anything before Christmas.
(sorry for the vent...hate the FRO system!!! It has never work for my children!)
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Old 09-06-2010, 07:29 AM
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Maggie,

Considering you heard nothing -- You appear to be up to speed.

If the FRO did everything you mentioned - what more do you want them to do that they already haven't done. Maybe, the ultimate sanction of 180 days jail served inclusive or incrementally is more appropriate.

The individual appears to have some sort of reasons for the non-compliance of the order. Who knows, maybe they have been part of economic downsizing and are having difficulties finding new employment especially since their driver's license is suspended. The FRO system is not perfect but its the only system in place.
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Old 09-06-2010, 12:20 PM
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Supar3: To answer your question (instead of hijacking your post), I am aware, through my own experience, that the default process is long and slow. Depending on the area that you are in, the legal department at FRO need to obtain a court date, which in some areas is 3 months away. Then the paperwork needs to be filed on the payor. He/She has the appropriate amount of time to respond and then await the court date.
As we are aware, court dates can be adjourned and put out months ahead...
You may be lucky to have a court date and have a judge who is willing to make a decision that day or you may end up in the weave of the system and it could take months and years.
Just be prepared for the worst.

To Velocity...
Some days I am angry at the system...but then again...some days I am thankful as I would be less farther ahead than I am now!!
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Old 09-07-2010, 08:06 AM
supar3 supar3 is offline
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Hi MaggieT!

I must say, you sound very frustrated. I feel your pain.

All the above actions you mentioned have been taken against my ex as well (and then some). We have been in the system for almost a year now and none of the actions so far have had an effect. This is my last hope.

Question though. I rely on the automated updates on the 1-800# for updates on my case and am curious to know if I should be hearing anything new when I call. My caseworker said to call her back in 6 weeks, which is fine, but should I be hearing updates like about paperwork being sent or dates being set? My concern is that although she said she was starting things that day (two weeks ago), she may not have or forget or something. So far, there have been no changes to the long, long, long list of actions taken. I feel better when I can hear the actions and the dates of when things happened cause then I know she is doing what she said.


Thanks!
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Old 09-07-2010, 10:55 AM
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I learned this lesson the hard way...FRO can place all sorts of sanctions, but they do not enforce them. Neither do most police departments, unless pestered. OPP, however, will if you help them out a bit If you are within a large centre, and the system seems not to care, write to your mayor...your MP, your chief of police, etc...work your way up the chain...be creative...

I had to do a bit of sleuthing on my own to find my ex, but when I did, he was arrested within 24 hours, and a night in jail made him think twice about appearing for court dates

Default hearings can take up to a year to be scheduled and heard, and, as you are not a party to the hearing (between the ex and FRO) you will not be kept apprised of the details. You will only hear back if you call and ask...but even they will not know anything before that 6-week mark, as that is usually how long it takes to get the hearing scheduled.

You can call back to ask her where it is in the process if you are concerned about it, but all she will be able to tell you is what she already has...
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Old 09-07-2010, 11:28 AM
supar3 supar3 is offline
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Thanks for the information.

To date, they have suspened his drivers licence and passport. The bank garnishment did not work as his account is a business account, which he draws from with no personal account (he owns the company). They have issued a writ of seizure and sale, federal support deduction notice (although he has not filed an income tax in years), credit reporting, etc. They know where he lives. They have the make/model/color, and licence plate (although the plate does not match him or the vehicle he is driving). They know where his business partner lives. They have his cell phone number, home phone number, and have located the web site for his company.

Years ago he was arrested for B&E and this scared the life out of him. The courts, the judge, the whole process really shook him up. I am hoping that this will do the same, as I told FRO right from the start, the only way I would see any money was if they either took it from him or he had to answer to a judge. Turns out they could not take the money, so really this is all that is left. I am hoping just the threat of court action with kick his butt into gear and things will not go too far. Fingers crossed.

I do have a friend who is OPP (investigator), and have considered asking a favor, but am not sure if I should go that route just yet. I guess I am afraid to play all my cards at once and would rather wait till he is in as much trouble as possible before contacting her.

Thanks again to everyone here. Your stories good or bad are a huge help. Not knowing what is going on or what to expect is the hardest part of this for me, so any information is appreciated.
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Old 09-07-2010, 12:19 PM
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Quote:
Originally Posted by supar3 View Post

I do have a friend who is OPP (investigator), and have considered asking a favor, but am not sure if I should go that route just yet. I guess I am afraid to play all my cards at once and would rather wait till he is in as much trouble as possible before contacting her.
You don't need the friend to do it...I was 4 hours away from the gentleman I spoke with at the OPP...you just need one who is willing to enforce...I got lucky. Most officers are told it is a back-burner issue, and if they happen to run into a person with a bench warrant they can arrest, but they do not search them out...but if your ex just happens to have police called to his office for some reason...or to his home, etc...but, for either, they have to be OPP jurisdiction...ie, there is no municipal police force...municipal police, in my experience, have been a waste of space.
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Old 09-07-2010, 12:38 PM
supar3 supar3 is offline
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See, I was thinking of getting in contact with her and passing on the info regarding him driving with a suspended licence, with the plates that do not match his vehicle or him, and ask she put the word out with the patrol officers to watch out for him and/or his vehicle as a favor to me. I know that unless he gets pulled over for something else, then chances are he can drive forever like this. However, I then thought it might be better just waiting things out and see if he starts pulling this no-show stuff with FRO and the courts (as he did with me last year) etc, and then asking for the favor so that when they find him they have more on him.

He has come to my house twice over the last year to see the kids, and I could've called the police then, but I know he will be back and I would like him arrested when he is in really in big trouble.

I am not a mean person BTW. Its sad how some situations bring out the worst in people. I just want what he owes to help provide for my kids. I never thought I would see the day when I would want my children's father arrested. How sad.
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