FRO Wage Garnishment

J

Jabba13

New member
Hello everyone,
I am looking for some help with regards to FRO garnishing 50% of my wages. Does anyone know what forms I need to file in order to get this stopped? I am in the process of getting child support changed, but FRO has gone ahead and did this anyways. Any help would be appreciated!

Thanks so much
 
If you are currently before the court to get the amount corrected, then you should be able to speak to FRO and have it stopped pending decision. You'll have to update them each step along the way.
If you're not in court yet, you need to start a motion to change application.
 
I spoke with FRO and even though I have a motion to change submitted, they will not stop the wage garnishment. Is there any motion I can bring forward to stop this in the meantime? Any help is appreciated.b
 
Did you ask them about a voluntary payment plan? If they refuse, there may not be anything you can do. Your employer would get into trouble if they don’t garnish.
 
Yes I did but they didn't accept my offer. FRO said I could bring a motion forward to stop this but to consult a lawyer. Was hoping someone new what paperwork needed to be filled so I can do myself? Thanks so much
 
If you have a Motion to Change in then you can file a motion to adjust child support and it can be done on an emergency order if it is causing severe financial distress.

Once you get in front of a judge at a case conference or settlement conference they can issue a temporary order as well.
 
Okay great thanks. So if I file motion to adjust child support is there anything else I need to file? I can't afford a lawyer nor do I qualify for legal aid so need to do this myself. Thanks for your help!
 
those flow charts do not mention DRO Case Conference, they just say Case Conference. Court says DRO CCs are different and after going to one you don't get the same options as you do a judge CC.

Are there flowcharts for the current in place process?
 
Did you file a motion already? I thought you had noted you started a court process? Its going to be a motion to change with a request to cease enforcement of arrears until an order is made.

There was another poster on here who had to do this as his ex files thousands with FRO and his license was suspended.

Look up “imadad” for his posts here. He self repped and his case wrapped up at trial last year. His ex was unreasonable and pushed to trial. Don’t get scared by that piece of info. He ended up winning his case.
 
I have filled motion to change. I am waiting for settlement offer so no court date yet. They are taking forever! I will take a look at that post and see. Thanks for your help
 
rockscan said:
Did you file a motion already? I thought you had noted you started a court process? Its going to be a motion to change with a request to cease enforcement of arrears until an order is made.

There was another poster on here who had to do this as his ex files thousands with FRO and his license was suspended.

Look up �imadad� for his posts here. He self repped and his case wrapped up at trial last year. His ex was unreasonable and pushed to trial. Don�t get scared by that piece of info. He ended up winning his case.
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imadad had a support agreement.
It sounds like this poster has a support order.
Also there is DRO in play
Also the Poster here sounds like they may be having some financial issues if they are being garnished at 50%

imadad did file a motion get a restraining order so they couldn't take away his drivers license.

Are you saying this poster must wait until a trial to get CS adjusted?
 
Jabba13 said:
I have filled motion to change. I am waiting for settlement offer so no court date yet. They are taking forever! I will take a look at that post and see. Thanks for your help
Click to expand...

rockscan said:
You can make an offer too.
Click to expand...

Definitely, making an offer is an excellent idea. They have no incentive to do anything so do the work and make an offer.

Post here if you like to have things vetted and then have a lawyer vet it too. Then make the offer(s)
 
pinkHouses said:
imadad had a support agreement.
It sounds like this poster has a support order.
Also there is DRO in play
Also the Poster here sounds like they may be having some financial issues if they are being garnished at 50%

imadad did file a motion get a restraining order so they couldn't take away his drivers license.

Are you saying this poster must wait until a trial to get CS adjusted?
Click to expand...

An agreement can be filed with FRO to become an order. He has a support deduction order and FRO is garnishing his wages. Imadad had an ex who took the agreement and filed it for child support and then filed thousands in school expenses as arrears.

Jabba has said nothing about DRO.

Imadad filed a motion to change support to get it updated AND asked for the enforcement to stop. The judge halted it and ordered a set amount to be paid monthly to FRO in advance of a final order. In the end, he overpaid.

The reason it went to trial is because his ex refused to settle despite three different judges telling her she was wrong. In the end, support was reduced and the expenses were already paid.

The details of his case arent relevant to Jabba. What he filed was. He filed a motion to change and requested an order to halt enforcement pending a decision. You WILL have to pay something but it hopefully won’t be 50% of your paycheque.

This is also a learning experience for future readers. Any agreement can be filed with FRO for enforcement if your ex wants to be difficult. The onus will then be on you to change it. DO NOT put your head in the sand or have the attitude of I’m not paying etc. FRO does not care. They have no feelings whatsoever. They are there to recover support and they can legally garnish your wages, tax returns and any other assistance you get.
 
OMG.....

he didn't mention DRO but he clearly isn't aware of what the processes are so yeah, DRO is probably a factor considering how widespread it is now.
The Region is important too.
Are they in Superior Court?

Final Orders and Separation Agreements are treated differently when it comes to FRO.

The information about the process he is in is important, I would say so important it should be in our signatures.
 
There are two ways FRO gets involved. One is a support deduction order that is attached to either an agreement, minutes of settlement or an order from the court. If the court orders a support deduction order immediately then the other party has filed something and won with limited input from the payor.

An agreement can be filed with the court to be turned into an order which is then filed with FRO as a support deduction order. This is what happens to a lot of people especially with old agreements or those who are not happy with the change to support to a lower amount. It’s a dick move and many posters have been warned that this could happen.

Either way, FRO calculates what is owed and applies it to the account. The payor is given an option to pay or their wages are garnished IF the recipient knows where they work and provides that information. I have only heard of wage garnishment in cases where the payor refused to pay voluntarily or they had a high amount of arrears. Im not saying this happens all the time, Im saying it is something that does happen.

Jabba has not indicated where he falls in this so I am not going to assume. Something was filed with FRO and his employer was notified and started garnishing his wages. This is an extreme act. Many people who go with FRO are given the option to pay voluntarily.

Not all courts have a DRO process and it is not always applied to every case. Jabba has not indicated if he was advised of this. Or if his case has gone to this process.
 
pinkHouses said:
If you have a Motion to Change in then you can file a motion to adjust child support and it can be done on an emergency order if it is causing severe financial distress.
Click to expand...

You would file a regular motion - definitely not an emergency.

Court says DRO CCs are different and after going to one you don't get the same options as you do a judge CC.
Click to expand...

Where are you getting your information from?

but he clearly isn't aware of what the processes are so yeah
Click to expand...

And you are?
 
StillPaying said:
You would file a regular motion - definitely not an emergency.
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You don't know that and I don't know that.
There are parameters for filing an emergency order and one of those is dire financial impact. They are in the rules and they vary between regions.

As I have been informed a CC must be before a judge before a motion of certain types can be brought and that does not seem right to me, I was told that I was not allowed to bring a motion for child support until I saw a judge, I am yet to verify this but it was from a good legal source.
For this thread I did ask for a DRO flow or set of rules that go when DRO is in place.


StillPaying said:
Where are you getting your information from?
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Steps to Justice. Whether it is applicable here or not is moot if they simply say they are working of a court order.


RE: DRO
And you are?
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Please stop the aggressive stuff. I clearly am of the position I do not know.
I am also of the position that some people are jumping to conclusion and there isn't enough information to determine with the certainty required to advise.


I am just here to find out good info and help if I think I can.
 
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Your financials are known. You knew when arrears started and what would happen. You can't wait until the final garnishment step to demand everyone stop everything for your emergency. It shouldn't be urgent, let alone an emergency.

Spreading fake news, having multiple accounts; while confessing you don't know, but you want to help....
 
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