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  • Overpayment to FRO

    just curious how this works. Everyone here who's been through FRO can understand where I'm coming from (maybe).

    back in Oct '13, the STBX was awarded temp SS and CS. took FRO 3 months (Dec '13) to get things initiated through my payroll...therefore putting me in arrears (oct till dec)...fine...I can understand.

    NOW, STBX and I came to an agreement at the end of March that ALL SS and CS stops as of Apr 1....took the judge until June 1 to sign and stamp...my lawyer gets a copy...faxes it to me which I then send off to FRO..I call a week later and FRO verifies they've received it and it's under review (we all know how long that'll take)

    so...July 20 and I'm STILL getting $$ deducted off my pay.

    so from Apr1 till whenever FRO abides by this court order (final minutes), AM I going to see any of that $$ returned??...will they deduct of STBX pay??

    anyone know how it works??

  • #2
    No they don't deduct from your X. There is no order for that.

    Have you given your new order to your employer? They normally call and can speed things up with FRO... by advising there is a new order and they should no longer be garnishing....

    If your ex and you came to an agreement why didn't she sign to withdraw from FRO to stop the garnishment? And why isn't she reimbursing you at the very least?

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    • #3
      Originally posted by Serene View Post
      No they don't deduct from your X. There is no order for that.

      Have you given your new order to your employer? They normally call and can speed things up with FRO... by advising there is a new order and they should no longer be garnishing....

      If your ex and you came to an agreement why didn't she sign to withdraw from FRO to stop the garnishment? And why isn't she reimbursing you at the very least?

      there were arrears, the STBX and I came to an agreement because she had no choice for the CS (couldn't prove her daughter was still attending school at the age of 19..Judge had asked for proof)...her lawyer dropped her so she had no representation and had no argument for SS...she basically gave up...

      she pulled a no show in court got fined 750..

      I find it hard to believe that as it stands now, I've paid off any arrears and am roughly 2g overpaid (because of FRO's lack of speed when it comes to them processing their files)...FRO's gotta see the overpayment, I can't see them just letting that slide...I mean really??

      as for contacting my payroll dept...did that already, showed them the final settlement minutes (signed and approved, they state they need verification from FRO.

      lol on STBX reimbursing me..ya think??...maybe I'll ask for a certified cheque :P
      Last edited by Leviathan; 07-20-2014, 09:49 AM.

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      • #4
        Yup, the only way to get the lonely back is from the ex directly. Don't count on it.

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        • #5
          Originally posted by blinkandimgone View Post
          Yup, the only way to get the lonely back is from the ex directly. Don't count on it.

          ok Thanks Blink...so because of FRO's lack of speed on reviewing their files, I'm stuck paying until they get around to implementing the final order??

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          • #6
            Just a few months ago my husband called FRO to change his address. His case worker called him back to ask how his daughter was doing. She had just completed her post-secondary courses. The worker told him to make no more payments. My husband had been making his payments online and had just paid a 6 weeks ahead the day before (he was on weekly payments). The worker said he was putting a hold on the money sent so FRO wouldn't have to go after his ex later to get the money back.

            We received a form to send her to stop payments and had to wait 30 days for her to respond. He then received a cheque back for the extra. The whole process was less than 3 months.

            Leviathan - are you sure your ex is still receiving the money? It's possible FRO has it held in an account.
            Last edited by paris; 07-20-2014, 11:31 AM.

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            • #7
              Originally posted by paris View Post
              Just a few months ago my husband called FRO to change his address. His case worker called him back to ask how his daughter was doing. She had just completed her post-secondary courses. The worker told him to make no more payments. My husband had been making his payments online and had just paid a 6 weeks ahead the day before (he was on weekly payments). The worker said he was putting a hold on the money sent so FRO wouldn't have to go after his ex later to get the money back.

              We received a form to send her to stop payments and had to wait 30 days for her to respond. He then received a cheque back for the extra. The whole process was less than 3 months.
              Thanks for that Paris...I knew there had to be some sort of way FRO recognized things...I've left numerous voicemails with the case worker...of course, no return calls.

              did ur husband get the cheque from his ex or FRO??

              To be honest Paris, I'm not sure if FRO is holding it or not...I'd be surprised really...since I've faxed the a final settlement, everytime I speak with someone, they tell me they've recievd it and it's under review..and again..case worker hasn't responded to my voicemails...

              does FRO usually hold $$ in an account??
              Last edited by Leviathan; 07-20-2014, 11:37 AM.

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              • #8
                My husband went through a similar situation. Felt like forever to get court order recognized by FRO. But he did eventually get refunded the money by the FRO. Phone calls are often never returned, you just get a cheque in the mail.

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                • #9
                  Thanks for that Paris...I knew there had to be some sort of way FRO recognized things...I've left numerous voicemails with the case worker...of course, no return calls. I've read lots of nightmare stories, but my husband had good luck. His worker pointed out that he never fell into arrears over 20 years of payments, including when he wasn't working. Note he only called to change his address. I told him to be prepared for questions about his financial situation, but the worker only called back to ask how the daughter was doing as he noticed she had turned 19.

                  did ur husband get the cheque from his ex or FRO?? The cheque came from FRO directly. They put the payments on hold, meaning they never sent that money to her.

                  To be honest Paris, I'm not sure if FRO is holding it or not...I'd be surprised really...since I've faxed the a final settlement, everytime I speak with someone, they tell me they've recievd it and it's under review..and again..case worker hasn't responded to my voicemails... Is there still an automated system that you can call in. It should tell you the last payment made, balance, next payment due.

                  does FRO usually hold $$ in an account?? They held his until the matter was settled.

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                  • #10
                    Originally posted by Leviathan View Post
                    ok Thanks Blink...so because of FRO's lack of speed on reviewing their files, I'm stuck paying until they get around to implementing the final order??
                    Unfortunately, that is pretty much the case. They enforce payments, but not repayments. If she were ordered to pay you, they could enforce that, however I am not at all certain that you can take her to family court for overpayment. That may need to be done through small claims court, and for a couple grand it is likely not worth it, even though a couple grand is a lot of money to a lot of people.

                    Perhaps speak to someone at FRO and injuries about how to recover overpayment, or maybe FLIC?

                    Comment


                    • #11
                      Originally posted by paris View Post
                      Thanks for that Paris...I knew there had to be some sort of way FRO recognized things...I've left numerous voicemails with the case worker...of course, no return calls. I've read lots of nightmare stories, but my husband had good luck. His worker pointed out that he never fell into arrears over 20 years of payments, including when he wasn't working. Note he only called to change his address. I told him to be prepared for questions about his financial situation, but the worker only called back to ask how the daughter was doing as he noticed she had turned 19.

                      did ur husband get the cheque from his ex or FRO?? The cheque came from FRO directly. They put the payments on hold, meaning they never sent that money to her.

                      To be honest Paris, I'm not sure if FRO is holding it or not...I'd be surprised really...since I've faxed the a final settlement, everytime I speak with someone, they tell me they've recievd it and it's under review..and again..case worker hasn't responded to my voicemails... Is there still an automated system that you can call in. It should tell you the last payment made, balance, next payment due.

                      does FRO usually hold $$ in an account?? They held his until the matter was settled.
                      Thanks Paris..hopefully my situation will be somewhat the same

                      Comment


                      • #12
                        Originally posted by blinkandimgone View Post
                        Unfortunately, that is pretty much the case. They enforce payments, but not repayments. If she were ordered to pay you, they could enforce that, however I am not at all certain that you can take her to family court for overpayment. That may need to be done through small claims court, and for a couple grand it is likely not worth it, even though a couple grand is a lot of money to a lot of people.

                        Perhaps speak to someone at FRO and injuries about how to recover overpayment, or maybe FLIC?
                        yea..I hear you on spending more $$ than is needed...

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                        • #13
                          Was thinking of this post this morning - get your Member of Parliament involved. They have direct contacts with FRO and can avoid the red tape. Explain your situation and provide your paperwork (order). They should be able to stop payments immediatly and give you a firm answer as to whether ex was indeed over paid or if FRO can reimburse you.

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                          • #14
                            Originally posted by Serene View Post
                            Was thinking of this post this morning - get your Member of Parliament involved. They have direct contacts with FRO and can avoid the red tape. Explain your situation and provide your paperwork (order). They should be able to stop payments immediatly and give you a firm answer as to whether ex was indeed over paid or if FRO can reimburse you.

                            Not a bad idea!!...I'm willing to bet I'll be waiting longer to speak with my local MP than I will with FRO though

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                            • #15
                              No I don't think so. They have staff that take care of these things. And you can email their office which speeds things up. No reason you can't email and include all relevant documents via attachment.

                              Comment

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