Question re FRO

[wife#2]

Quick question. Does the FRO automatically garnish wages, or is it only if you are behind on payments? I have read conflicting things. Thanks!

[tiredofthisnow]

When my ex was behind on payments I had to phone FRO and tell them exactly what I wanted.

Call FRO and have your case # ready.

[DowntroddenDad]

No they don't as I recently found out.

I paid support even before a signed separation agreement. My separation agreement said we wouldn't go to FRO unless I was in arrears and was given notice. Despite that, my STBX filed with FRO 2 weeks after the agreement was signed.

I got a letter a few months later notifying me of that, and then a few days later a letter saying they would be garnisheeing my wages.

I called, spoke to my case worker, and she said they wouldn't do that except in cases of consistent late payments or arrears.

So I think the letter is a notice that they can do that, not that they necessarily will.

[dad2bandm]

I believe as well, they will send a form with their first "contact" with the payor, that gives them the option of paying them directly, instead of having a garnishment of wages done. I'm pretty sure you can even pay them via an "online bill payment" method too, I think. It's been awhile since I looked at the form(s).

And for them to collect payments or "garnish wages", they would of course require a clear court order, that tells them exactly what is needed as well, which I assume the OP must have.

[wife#2]

My hubby is still waiting for first contact. He pays his ex every month on time and will do the same for the FRO, so we just wanted to know if they would garnish wages anyway. It has been many months, still no contact.

[DowntroddenDad]

It was about three months for me. They contacted my STBX and verified that I was up to date.

[Tayken]

No they don't as I recently found out.

I paid support even before a signed separation agreement. My separation agreement said we wouldn't go to FRO unless I was in arrears and was given notice. Despite that, my STBX filed with FRO 2 weeks after the agreement was signed.

I got a letter a few months later notifying me of that, and then a few days later a letter saying they would be garnisheeing my wages.

I called, spoke to my case worker, and she said they wouldn't do that except in cases of consistent late payments or arrears.

So I think the letter is a notice that they can do that, not that they necessarily will.

Now, if you have an an order stating not to use FRO the shouldn't be involved. You do need to sign paperwork but, FRO is in contempt of the order of the court and you have grounds to take them on motion if you indeed have an order stating they are not to be involved and seek costs against FRO and possibly the other party under contempt.

Having not seen your order I am just guessing. Talk to legal counsel to see what recourse you have to prevent FRO from acting in contravention of an order of the court.

FRO had some previous issues with a lawsuit, posted to this site from the person who brought it forward, and some procedural changes have been made. They no longer accept orders that state they are not to be involved possibly as a result of the previous matter.

Good Luck!
Tayken

[OhMy]

Currently FRO can and will automatically garnish wages if a support payor is in arrears for greater than 3 months.

At that point unless one is self employed there are no other payment options given. They can and will also garnish up to 50% of the monthly wages and do not require the payors consent to do this. They will allow the payor options though to make a payment plan for arrears, but if not timely- will garnish the 50%.

[DowntroddenDad]

Tayken

My advise from my lawyer was that no matter what is in the Separation Agreement (no court order, divorce papers filed but still in process), if the receiver of SS asks the FRO to receive on their behalf, they will.

I am not going to fight as I don't really have $400 an hour to spare. What was bothering me was the assumption that they would ganrnishee the wages, brought on by the second piece of mail I got from them.

[Tayken]

Tayken

My advise from my lawyer was that no matter what is in the Separation Agreement (no court order, divorce papers filed but still in process), if the receiver of SS asks the FRO to receive on their behalf, they will.

I would recommend calling another lawyer. Case law on the matter stands and if your lawyer isn't up to par on jurisprudence you get what you pay for.

[FightingForFamily]

My ex was confused when our divorce was finalized because the separation agreement stated that we would not involve FRO unless there were arrears...

But on the divorce order, the matter was referred to FRO "automatically" as it's a standard clause.

My understanding is that a judge would be a bit more reluctant to sign a support order unless it has the teeth to be enforced through FRO.

So both me and my ex got our letters from FRO and they started taking wages. I told my ex we needed to withdraw from FRO since this wasn't part of our agreement. She hesitated on the matter but a letter from my lawyer made it clear to her she has to follow the separation agreement, which survives the divorce.

[Tayken]

My ex was confused when our divorce was finalized because the separation agreement stated that we would not involve FRO unless there were arrears...

But on the divorce order, the matter was referred to FRO "automatically" as it's a standard clause.

My understanding is that a judge would be a bit more reluctant to sign a support order unless it has the teeth to be enforced through FRO.

Actually, quite the opposite. There are many justices who do not like having government agencies involved in matters and are of the opinion that the majority of issues should be settled between parents and not brought to court.

Justices are also aware of the "tactics" used to harass paying parents through FRO. If a justice smells conflict from the party making the request to use FRO then they will explicilty order against enforcement of payment through FRO.

Furthermore, they also don't order it when the recieving parent is under an "offset method" for child support. What the justice generally doesn't want to see is the paying parent having to bring forward a motion to change child support every year.

What judges like and want to see are parents who can put their issues aside and work together to resolve issues and especially common issues that happen every year (e.g. re-calculation of CS) without having to depend on the court.

Explicitly though the order has to require both parties to sign the official release from FRO. The standard divorce order should be issued but, the withdraw form should be issued with the standard divorce order from the court house to the FRO.

So both me and my ex got our letters from FRO and they started taking wages. I told my ex we needed to withdraw from FRO since this wasn't part of our agreement. She hesitated on the matter but a letter from my lawyer made it clear to her she has to follow the separation agreement, which survives the divorce.

Exactly, you could actually bring the matter back to court to enforce that the other party has to sign the withdraw and issue it to the FRO. Your lawyer should have secured the withdraw form and had the court file it with the standard divorce order.

Good Luck!
Tayken

[NBDad]

Can they? Yes. Will they? Depends. Contact the worker assigned to you and discuss the payment options with them.

If there is a change in circumstances (ie. you get laid off, hurt, retire, the child moves in with you) then you do two things:

1. Inform the FRO IMMEDIATELY and

2. Get a motion in play to address the issue, either on consent with your ex, or you file a motion to have it addressed in court.