In yet another bizaree family dispute Kenny was forced to pay child support by the Family Responsibility Office for a child he didn’t know, according to Ottawa Divorce forum!
If I didn’t have bad luck, I would have no luck at all!The Family Responsibility Office (FRO) garnished the wrong person! I just can’t believe it.There was no child support order in effect of any type. I have had sole custody of the kids since summer 2009 (Winter 2005 for one). Ex has refused to pay child support in any amount or even send a birthday card with $5 in it for the kids.The court granted a Temporary Child Support Order until the trial in November 2011 where “The Respondent, Rita ***** will pay the Applicant child support in the amount of ….. (and so on)”I opened up the FRO mail the other day, apparently now, I am the payer! I am in the Canadian Forces, therefore the garnishment is easy. It will be effective on my end month April pay. WOW.I am sure this can be addressed. I have an original order to the contrary. The point is, FRO refuses to change the payment order or even investigate the mistake. I have to do all the leg work. In the meantime, my Ex is about to receive $1,800 that she is not entitled to, and will likely refuse to pay back.I am not only (court recognized) as $5,300 overpaid in child support from 2005, but the Ex owes me child support since 2009 AND will have money that does not belong to her. WTF!What a system!
They did a story or three not that long ago about the horrors of dealing with them…you need to call Ctv or some other news station…this needs to be out to the public..not swept under the carpet…
click here to go to Ottawa Divorce forum to see Kenny’s story and responses…
Kenny ought to have served and filed an emergency motion with a supporting affidavit and exhibits (serve it on his former, and FRO) that the Family Responsibility Office garnished the wrong account. As part of the relief sought the Notice of Motion required a repayment forthwith. Once this is done the parties will usually come to a resolution before the court hearing, otherwise the faulting party is subject to court costs (and if FRO caused harm to Kenney then he may sue them in small claims court for damages or another cause of action).
What is not clear is why the family court in the originating court order filled out a form that did not delineate the payor and the recipient and there particulars of employment etc. There is usually NO way for any mistakes unless either Family Court or FRO administration did something VERY wrong while filling in the standard family court forms. Sometimes the judge makes a mistake and orders the Respondent to make child support payments as opposed to in this case his former wife Rita however a Notice of Motion that is short served can get this repaired or amended quickly. Kenny ought to read the court order thoroughly to ensure that everything is correct and compare it to the hand written endorsement to determine why his name appears on someone else’s support order for child support payment.
If there is an over-payment by Kenny and assuming that the court order was issued and entered with a Support Deduction Order “SDO” in Kenny’s favour, then he is entitled to get it ALL back. The SDO is automatically filed with FRO to garnish her wages (up to 50% of her wages) and seize all of her income tax returns until all money is returned. If there is no SDO and Rita is not willing to pay the outstanding money/over-payment back or if she is unemployed or on welfare there may be some problems getting repaid.
Family Responsibility Office Enforcement Options
Family Responsibility Office Enforcement actions which they may take include:
- garnishing your bank accounts
- garnishing money you may be entitled to receive from the Government of Canada (for example, income tax refunds, employment insurance benefits, Canada Pension Plan benefits, and Old Age Security benefits)
- reporting you to the credit bureau
- suspending your driver’s licence
- suspending your Canadian passport or other federal licences (including a pilot’s licence, as well as maritime and navigational licences and certificates)
- placing a lien on your personal property
- issuing a writ of seizure and sale for property you own
- reporting you to your professional or occupational organization(s)
- seizing your lottery winnings, and
- starting a Default Hearing, which could result in up to 180 days of jail time.
Garnishment Options 50% for support 20% for court costs orders
Assuming there is no SDO, then a garnishment has to be filled out with the court in her jurisdiction and then the garnishment has to be served on a director or owner (or a person with proper authority) at her place of employment. The employer is then required by law to garnish her wages and Kenny would be entitled to get 50% of her wages until the child support over-payment or debt is paid. You can get up to 20% wages garnishment lets say for an outstanding court cost order is paid back in full.
Support Order and Court Cost Orders are different
The support order and cost orders are different orders while FRO will enforce a support order they will not od so for court cost order unless ordered by the court. and one isif there is an SDO then FRO ought to garnish her federal taxes, otherwise obtain a garnishment were she works or against her bank accounts and collect the money. Collections of outstanding support is sometimes easier said than done however, all the filing fees, parking and time can be added over and above the original amount in the judgement or court order.
click here for Wages Act, Ontario
Exemption from seizure or garnishment
2) Subject to subsection (3), 80 per cent of a person’s wages are exempt from seizure or garnishment. R.S.O. 1990, c. W.1, s. 7 (2).
Idem, support or maintenance
(3) Fifty per cent of a person’s wages are exempt from seizure or garnishment in the enforcement of an order for support or maintenance enforceable in Ontario. R.S.O. 1990, c. W.1, s. 7 (3)
Read more about Orser v. Grant case... another bizarre family case where FRO acts without compassion and understanding.ARRESTS the father after his father passing away .. this case involved three family courts (Ottawa, Toronto and Milton) and much of Ontario Tax dollars wasted for what appears to be moms get even attitude!