FRO Wage Garnishment

pinkHouses said:
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.
Click to expand...
You jumped to a conclusion that Jabba had to go to DRO.

You then got confused about what FRO needs for enforcement.

Maybe just listen instead of posting if you are trying to gather info yourself.
 
StillPaying said:
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....
Click to expand...

You are way out of line, maybe you are replying to the wrong person?
Maybe let the OP answer why the garnishment is a problem.

rockscan said:
You jumped to a conclusion that Jabba had to go to DRO.

You then got confused about what FRO needs for enforcement.

Maybe just listen instead of posting if you are trying to gather info yourself.
Click to expand...

DRO comes is very wide spread, it is effect in the province of Ontario in different regions. You are certain it is not in effect for the OP. How are you so certain?

It would be good if the OP can answer these questions:
1. What region are you in?
2. Is it a separation agreement or final order you are working with?
3. Is the 50% garnishment a hardship?
4. Is the garnishment for non-payment of CS you should not have owed if the CS was updated correctly or for some other reason?
5. What stage of the process are you in? For example: have not been to a Rule 39 meeting. Have a DRO case conference next month, Have a date in front of a judge for Case Conference next month.
 
pinkHouses said:
You are way out of line, maybe you are replying to the wrong person?
Maybe let the OP answer why the garnishment is a problem.



DRO comes is very wide spread, it is effect in the province of Ontario in different regions. You are certain it is not in effect for the OP. How are you so certain?

It would be good if the OP can answer these questions:
1. What region are you in?
2. Is it a separation agreement or final order you are working with?
3. Is the 50% garnishment a hardship?
4. Is the garnishment for non-payment of CS you should not have owed if the CS was updated correctly or for some other reason?
5. What stage of the process are you in? For example: have not been to a Rule 39 meeting. Have a DRO case conference next month, Have a date in front of a judge for Case Conference next month.
Click to expand...


If anyone is getting worked up here it is you. You made an assumption and when two posters made a comment on you went on the attack. SP and I both responded to OP�s question with the limited info he gave. You brought up DRO and incorrect info about FRO�s enforcement. Like I said, maybe stop commenting.
 
StillPaying said:
You're getting so worked up over a cc vs a dcc. Literally a few minutes of research would explain what they are and why we have them - which isn't to add an extra step along the way.
Click to expand...

Please show more of a purpose for a post than taking a shot at me. It isn't as if I didn't read the Ontario government sites for this.

https://www.ontariocourts.ca/scj/family/court-services/#:~:text=Dispute%20Resolution%20Officers%20(DROs)%20are,in%20dispute%20and%20facilitates%20settlement.

Dispute Resolution Officer Programs
Dispute Resolution Officers (DROs) are senior family lawyers appointed to conduct family case conferences. DRO programs provide litigants in family proceedings with an early evaluation of their case by a neutral third party. This service often narrows the issues in dispute and facilitates settlement. The work conducted by DROs mainly deals with motions to change child and spousal support orders.

In locations where the DRO program is offered, the first appearance on a request to change an order comes before a DRO, rather than a judge. The DRO meets with the parties to determine the issues, explore settlement options, and determine if the file is ready to go before a judge. DROs do not have the authority to make orders, but are often able to help the parties agree to a settlement, which can then be confirmed by a judge, or at a minimum, can assist in setting a schedule for disclosure and the next steps in a case
Click to expand...

more details:
https://www.ontariocourts.ca/scj/practice/practice-directions/provincial/#Part_I_Family_Proceedings_in_the_Superior_Court_of_Justice

It doesn't help that a lot of the documentation simply refers to Case Conference and so does the lingo, it is confusing for people.

So after a DRO, is someone permitted to file a motion? The normal lingo is that motions can happen after a case conference. Emergency motions can happen anytime.

So what types of orders that are not on consent can happen at a DRO CC? doesn't say. Doesn't say if motions are allowed to happen after a DRO CC and it doesn't hurt to add some information.

And yes....they can file an emergency motion if they want to but they should read the rules for emergency motions in their region.

I don't know why you guys are so hung up on telling the OP to give up or take shots. Someone else reading this thread might read that there is no way to have CS changed without a trial.
 
Last edited:
I never said he could give up. I said he needed to file the motion to change and request that enforcement stop.

You can file a motion after a DRO but it depends on the motion and the court and the action you have going on.

You have hijacked this thread unnecessarily. OP doesnt need to give any further info because he didn’t ask any questions around what you want to know. He asked about stopping enforcement (requires a temporary order) and noted he had filed a motion to change. If you have further questions about these topics, ask them in your own threads and stop attacking other posters for keeping the thread on track.
 
You are wrong Rockscan.
The OP asked a question BUT he didn't give enough information in the question to get an answer but that didn't stop you from giving advice.

I am sorry that you feel that once you decide something it is right and everyone else is wrong.

"File a Motion" isn't helpful because one cannot simply "file a motion" when ever they feel like it no matter how right they are.
In addition to that they need the right argument to win that motion.
They filed a Motion for Change....now they have to wait until when?
What do they need to argue and prove in that motion?
 
rockscan said:
If anyone is getting worked up here it is you. You made an assumption and when two posters made a comment on you went on the attack. SP and I both responded to OP�s question with the limited info he gave. You brought up DRO and incorrect info about FRO�s enforcement. Like I said, maybe stop commenting.
Click to expand...

LOL...if anyone said that to you you would lose it!

Wow...you would make a great mechanic.
Client: "My car makes a noise, can you help me?"
Mechanic: "sure!" and then proceeds to replace the radio. LOL
 
pinkHouses said:
You are wrong Rockscan.
Click to expand...
Coming from you, not hurt.

The OP asked a question BUT he didn't give enough information in the question to get an answer but that didn't stop you from giving advice.
Click to expand...
He did give enough info. How do you stop garnishment of wages. He was answered. He also noted he filed a motion to change child support. No other info was required. YOU wanted more info.

I am sorry that you feel that once you decide something it is right and everyone else is wrong.
Click to expand...
Are you talking to yourself here?

”File a Motion" isn't helpful because one cannot simply "file a motion" when ever they feel like it no matter how right they are.
Click to expand...
Actually they can. Whether they can win that motion doesn’t stop people either.
In addition to that they need the right argument to win that motion.
Click to expand...
True but it doesn’t stop them from filing.

They filed a Motion for Change....now they have to wait until when?
Click to expand...
Until they get in front of a judge.
What do they need to argue and prove in that motion?
Click to expand...
In this case, that their income changed, that they paid the support, that enforcement is unfair…

There are simple cases and complicated cases. Based on what Jabba posted, its a simple motion to change child support and enforcement via FRO. What will complicate it is the opposing party and how they feel. Also if Jabba is hiding income, refuses to work. Or if his ex is making outlandish claims and filing ineligible expenses.
 
Baby steps....glad case conference is now a judge case conference for rockscan. I would hate for the OP to go to a Case Conference in front of a DRO and find that he doesn't have the same options.

There is this act see: Family Responsibility and Support Arrears Enforcement Act, 1996, S.O. 1996, c. 31
https://www.ontario.ca/laws/statute/96f31

In that act there is a section specific to the suspension and fighting of the suspension of drivers licenses. Perhaps this is what imadad used, doesn't apply here but hey check out all his posts to determine if a drivers license is the same thing as garnishment.
SUPPORT DEDUCTION ORDERS — ENFORCEMENT and "income sources" the OP can look up. There are ways to appeal this and that in the order but those timelines are short and I didn't see any for the payor appealing wage garnishment.

Reasons for brining an Urgent motion with Notice, emergency motion is not a thing.
https://familycourt.cleo.on.ca/en/applicant/bring-urgent-motion-notice
"you will face hardship if you have to wait to bring your motion after a case conference"

found this but it is for 2018 and for a specific region of the province.
C. Urgent Motions on Notice https://www.ontariocourts.ca/scj/pr...tions/east/family/#C_Urgent_Motions_on_Notice
"A party may seek an urgent motion on notice without a case conference in situations of urgency or hardship including issues such as abduction, threats of harm or dire financial harm. A party seeking such a Motion must file all of the required materials."

One can also file a 14B to have the case conference urgently...or even bring a motion early.


So, once again. With feeling:
-will the OP face hardship if he has to wait to bring his motion after a case conference?
-What region is the OP in?
-COVID has caused change in process and practice and timelines.

Oh, look at me hijacking the thread with information and the sources.
 
Thanks for the help everyone. Sorry for delay in responding but I have been dealing with depression and anxiety. I had one more question with regards to serving opposing counsel. Do I need to serve them the document before sending court documents to get a court date ? I can’t remember!
 
Ask the opposing counsel for the dates they are available for a motion.
Book one of those dates. Then file and get the date.

You don't actually have to do this but it looks a little hostile if just book a date. The other lawyer is busy and then you waste more hours rebooking.
 
Jabba13 said:
Thanks for the help everyone. Sorry for delay in responding but I have been dealing with depression and anxiety. I had one more question with regards to serving opposing counsel. Do I need to serve them the document before sending court documents to get a court date ? I canâ€t remember!
Click to expand...


I believe you get the date from the clerk and then file your paperwork.
 
You must log in or register to reply here.
Back
Top