Once the support order is made by the judge, if it is not on consent and the parties are self-represented, the court staff issue that order within a month - by my experience.
The FRO (and other provincial enforcement agencies) are the problem here. They are probably understaffed, but so are many government and private sector departments.
- The Ottawa Court issued a Temporary Child Support Order on 1 March 2011.
- The FRO received it before the end of March 2011.
- THE FRO DID NOT PROCESS THE ORDER FOR EIGHT MONTHS (November 2011).
- THE FSOS NEW BRUNSICK DID NOT PROCESS THE ORDER FOR SEVEN MONTHS.
- At the end of this June,
I finally receive my very first child support deposit at half the rate of the order, which was well below guidelines. My ex-spouse is quite well employed with the government of NB.
This is not busy, understaffed, etc; it is incompetence!
Another issue is that they lie! It is simple. I have been taking notes of my conversations with the FRO and FSOS since March 2011. I just received my Access to Information package disclosure and was amazed at the level of misleading that occurred. The FRO knew about the order because they discussed it with me, but they took NO action whatsoever with it, while informing me of the opposite.
The process is pretty simple (not that it works all the time!):
1. the support order is made by the judge;
2. the support order is written and approved - either by the lawyers (if there are any) or by the court staff. Often it is the lawyers that delay the process here - for MONTHS - and sometimes because they haven't been paid by their client(s).
3. the support order is sent to FRO for registration;
4. FRO registers the order and starts enforcement - and it passes through a dozen hands before it gets to the case manager.
None of this excuses the delays.
If you can't find out exactly what is going on with your order, ask where the order is - at what stage from the above.
If you can't reach someone at FRO, contact the Ministry of Community and Social Services - NOT the Attorney General. MCSS has headed FRO for over a decade now.