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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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  #31  
Old 09-23-2010, 10:52 AM
99bobster99 99bobster99 is offline
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Wow a lot of great ideas here! I'm glad to see I'm not the only one who's been getting shafted with FRO. My agreement included a nice "cost of living" increase for my daughter, every year since she was 2!! I haven't gotten a raise in years!! Very unfair, and to boot the ex has kept my child from me for the past 5 years (basically turned her against me). I just fear that once she turns 18 and has very poor marks (i.e. no job or drive to get a job), she will just sit back and take in my payments as her and her mother's payroll. I am about 8 or so months out from her turning 18, I really liked AtALoss's advice on getting the ball rolling sooner than later. AtALoss, it looks like I am heading down the same road that you have been going, I greatly appreciate your thoughts and assistance on helping someone else avoid the pitfalls! It sounds like I could do most of the motions myself, without the need of a lawyer (would be far cheaper), is this what you are doing, or would you recommend retaining a lawyer? I only have the one daughter for which I am paying support, there are no "special" clauses in my agreement after the age of 18, it sounds like it should be a simple matter? Your decsription of FRO's tactics makes me think I should take on a lawyer? Your thoughts?
  #32  
Old 09-23-2010, 11:00 AM
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A lawyer will help with case law, but anyone who is able to hold themselves in a conversation should be able to do a good job of representing themselves.

Your lawyer may argue all the great points of law, but still loose. If a judge finds there is "need" and you have the "means", they will let the child flounder for some time past 18. The courts really want to try to give the child all the opportunity to get an education, and if they can do that on your dime rather than the government's, then that is what they do.

To win, you need to show that the child has no intention of going to school, or working, and is happy just sitting at home watching tv. To do this, you need to show history, and the only way to show history, is to have history. You can't have this history without time, and therefore you will need to continue to pay to get this history.

The few cases I have read where a parent was able to win this argument is when the child quit school early, but just stayed at home doing nothing for a year or two, and then still did nothing after turning 18.

It really is a case by case issue, and it comes down to how a judge feels, and how compelling you are, and how lethargic and lazy your child is.
  #33  
Old 09-23-2010, 11:00 PM
AtALoss AtALoss is offline
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Think I need to set the record straight Constitution1 is my new spouse and he is the one that is caught up in this FRO mess. Sorry for any confusion and I thought I had put both our handles on one post in this thread so please accept my apologies for that.

He was self represented from 2002 to 2008. It was a hard road but true it save in costs at the time but the court did not afford the same respect. The Judge commented once that the FRO lawyer was so respected blah blah blah. We have run into this individual once or twice outside of court and well if only that Judge really knew the trueth. That another case in its self and I wont go on with it here and now.

I wanted to post something that this judge commented on in my case about Global orders:

14) The term Children of the marriage is a commonly used phrase to indicate circumstances wherein child support terminates. It is a fluid term, ussually requiring analysis ans assessment of a certain set of circumstances. The Ontario Court of Justice, of course, cannot interpret such a phrase in an enforcement proceeding if the originating documentation is from the Superior Court. In this case, the child or children of the marriage is only one of several child support terminating events.

The terms he refers to from my divorce agreement are only these six points:

1 child-children cease to be child-children of the marriage
2 The child(ren) marry
3 become 18
4 complete max of 4 yrs post sec edu
5 become self supportive
6 the child dies

The order was very specific in that it clearly stated that they need only meet ONE condition.
so my caution to all is to be very clear in everyones interpretation. Some thing I thought was straight forward was argued to death.

he also made comment which didnt get into the order. His comment inferred that this term simply could mean that this child is born to these to persons. powerful comment and i wish we could have had a discussion of it.
  #34  
Old 09-23-2010, 11:36 PM
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A few cases for the faint of heart:

http://www.canlii.org/en/sk/skqb/doc/2000/2000skqb510/2000skqb510.html

CanLII - 2005 ABQB 763 (CanLII)

http://www.canlii.org/en/on/oncj/doc/2009/2009oncj377/2009oncj377.html
  #35  
Old 09-24-2010, 08:52 AM
AtALoss AtALoss is offline
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Quote:
Originally Posted by InterprovincialParents View Post
That is my case.
RD
  #36  
Old 09-24-2010, 09:28 AM
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Holy crap, I just read the summary only. The FRO does its public image no favours when it acts like that. Did you recover the CS itself? Did you have to get it from your ex?
  #37  
Old 09-24-2010, 10:08 AM
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So far all that has been recovered are my costs for that day. as for image well seems that does not matter to them.(FRO) Ms Meullier, Andre Marin and myself appeared on an interview last July on Global and her attitude was Oh well we make mistakes. The thing that disturbs me the most is they have said or done nothing about it except to state have to sue the recipient... so we move forward on that.(as well as many other issues) See my thread- http://www.ottawadivorce.com/forum/f...rd-part1-7450/
R.
  #38  
Old 09-24-2010, 10:29 AM
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Yeah I read that one before. That's very good that you had the balls to do that and see it through.

No go get that money from the equally assholish recipient of the money. On priniciple. What a dick.
  #39  
Old 09-25-2010, 06:48 AM
99bobster99 99bobster99 is offline
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How this agency gets away with such criminal behaviour is outrageous! It seems that FRO believes (and seems supported) that they are above the law! I had a $1200 overpayment that "somehow" was forgotten by them (no way near the $43k that AtALoss had) .. it wasn't until my employer pointed it out to me. My employer was able to withhold a few weeks payments to use up this credit. What is with these people at FRO, they seem to be on a witch hunt with the payors?? I agree that there should be laws for us to pay support, but payors that were fair in paying through should be treated as having been honest and completed their duty! I feel like quitting my job and sitting my rear end on the couch all day, let's see them collect any money from me then! This is where the FRO is conniving, they know that most of us have moved on with our lives and have another family to support, thus making option "A" impossible!

I am hoping that since my daughters 18th birthday is still almost a year away there is some preparation I can do for the fight ahead.
  #40  
Old 09-28-2010, 12:33 PM
99bobster99 99bobster99 is offline
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When should I be submitting the "Request To Stop Support" form with FRO? I called them and they said I should fill this form out, if the payment receiver agrees, then it is a done deal, but if she denies, I have to take her to court?? What's up with this crap ... I asked the FRO agent, what happens if she lies about my daughter's schooling, the agent said "you have to take them to court" ... what kind of pre-historic age legal system do we have here in Canada? Has anyone else filled this form out and had issues, or better yet, didn't have issues?
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