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Changing a FRO final order...is it possible?

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  • Changing a FRO final order...is it possible?

    Hi everyone,

    I am feeling pretty grateful for finding this forum right now. My partner is struggling to cope with the constant bombarding of the FRO and to be honest, I am concerned about his mental and physical well being. He is working so hard to try and make the payments that were incorrectly set and is living in constant fear of missing one and going to jail. The financial stress is overwhelming, not to mention that he does not have access to his son, and it is tearing him (and quite frankly me) apart.

    He is attending a default hearing soon and in the moment we believe that our only hope is to try and change the final order that has been set by the FRO.

    Has anyone had any experience doing this? From what I understand, it is near impossible.

    We don't know where to begin. We have heard that he needs to have a lawyer. At the same time, we have heard that if he shows up with a lawyer he will be questioned as to why he can afford a lawyer and not the arrears that he is owing. Bottom line is, he can't afford a lawyer anyways.

    One last note, I cannot understand how the the FRO exists. I understand that our children need to be supported and cared for and that it is both parents responsibility. However, how is jailing our fathers solving this problem? If a parent truly can't make a payment and we send them to jail how do we expect them to be making the money for their payment? This is horrifying!

    Thank you in advance for reading this and for taking the time to respond, I am truly grateful.

  • #2
    FRO doesn't set orders, it simply enforces orders by the court. If there is an issue with the payments go back to court and have them adjusted and re-file the new orders with FRO. FRO won't change anything unless a court order is in place.

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    • #3
      Don't know the answer to your question but had to chime in about FRO. They certainly aren't perfect but thank goodness they exist. If it wasn't for FRO I wouldn't be getting a dime from my x for our child. 2 people have a child 2 people need to be responsible. Lots of people out there who would gladly shirk this responsibility as they feel it's going straight into their exes pocket. Excuses abound regarding payments and there needs to be firm action taken against those who don't pay. All that being said I'm sure there are some unfair situations but this you'll need to prove in court. At the end of the day the child comes first as they should

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      • #4
        The FRO does not make orders, it enforces court orders.

        Your spouse cannot afford the existing order, there must be a reason. Take that reason to court and get the amount of support reduced.

        The FRO cannot just automatically send someone to jail. There is a default hearing if a payor is owing a lot of money. Jail terms are only applied by the courts if the payor has gone out of their way to avoid paying support by doing things like transfering their assets to someone else so they can't be seized, or quitting their job so they can't be garnisheed.

        If your spouse has any reason at all to not pay, he won't go to jail.

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        • #5
          Originally posted by faithfaith View Post
          ... He is working so hard to try and make the payments that were incorrectly set and is living in constant fear of missing one and going to jail.
          Originally posted by faithfaith View Post
          One last note, I cannot understand how the the FRO exists.
          ...
          However, how is jailing our fathers solving this problem?
          I think you answered your own question! Without the FRO is sounds like he would not be making his COURT ORDERED child support payments.

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