My ex-husband is in arrears for his child support. The family responsibility office sent a form to his work to start

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Customer: My ex-husband is in arrears for his child support. The family responsibility office sent a form to his work to start garnishing his paycheck. The work says that he no longer works there. But he absolutely works there I have verified it. The boss is his friend and lying for him.
JA: What steps has your ex-husband taken? Has he filed any papers in family court?
Customer: He is just not paying support on time and behind in payments
JA: Family law varies by state. What state is he in?
Customer: Ontario Canada
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Can I send a letter to his boss saying that I can take legal action against him for lying Can I take legal action against his boss for lying and saying that he is not Employed there when I have proof he is
Answered by Counsel Creed in 15 mins 2 years ago
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Counsel Creed
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Counsel Creed, Expert

Hello, I will be the attorney assisting you today. Please note that this discussion is for providing general information only, it does not constitute an Attorney-Client Relationship, it is not legal advice, and it is only for the purpose of helping you understand the nature of your situation from a legal standpoint and to discuss options. You must engage an attorney in your local jurisdiction if you wish to take any legal action through an attorney. Standby and I will provide you an answer.

Customer
Ok
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Counsel Creed, Expert

this is canada. i will have to opt out because i am in the US. sorry i thought it was us

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Counsel Creed, Expert

Hi, welcome to Just Answer and thank you for using our services. I am Counsel Creed. I practice family law in Toronto. Give me a minute to review your question, please.

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Counsel Creed, Expert

Ok, since you have a file opened with the Family Responsibility Office - they are in charge of enforcing the child support order and collecting child support, including the arrears. SEcond they were the one who issued a garnishee to your ex's boss. The garnishment is a very serious obligation that falls directly onto the garnishee - in this case your ex's boss. The law says that , if the boss does not conduct himself as requested by the garnishment (pay his employee's child support first, before he pays him the salary), he, the boss will be personally responsible for the arrears! SO, do not write to the boss, but ALERT FRO of this fact. FRO has another option under the child support enforcement legislation: they can request that the ex swear a brand new financial information stating where he works at this moment. He cannot lie. If he does - FRO can schedule the so called default hearing, which means that they can summon the ex to court and ask the judge to put him in jail (usually over a weekend) for lying in the formal statement

Customer
Ok. The FRO keeps saying their hands are tied because courts are closed
Customer
What is they are paying him under the table
Customer
The FRO also said that his boss says he no longer works there so they have to go with that
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Counsel Creed, Expert

I see. That is correct - the courts are currently closed - for the majority of matters. The good news is that they started opening on July 6th - but only for very urgent matters, such as abduction of children and similar. WE expect them to be fully functional probably in the latter part of August. I cannot agree that "they have to go with that". FRO has a statutory obligation to energetically pursue child support payments and they have a howl arsenal of tools to deal with non-payer like your ex. For instance, they may issue both ti him and his boss Form 20 - Request for Information , of Form 22 - Request to ADmit. They are both sworn documents and the guys must swear to the truth of the statement they put in, or they may even be liable for perjury - which is a criminal offence. NOTE: you don't have to stay with FRO. IF you think that they are not sufficiently [protecting your interest , you can close theri file and chase your ex yourself (with or without a lawyer). You can always reopen the file with FRO, too.

Customer
What would be my recourse against his boss or the company If they are paying him under the table? Report to revenue Canada?
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Counsel Creed, Expert

Yes, you can definitely do that - if you can prove it and if the boss has lied to Canada Revenue in his payroll reports to Canada Revenue. If the boss DID report to paying to your ex - that would be proof of his lying to FRO about the ex not working for him!

Customer
I have called there and they said he work there. There are pictures of my ex on the website as a sales rep. My daughter also works there a few hours a week and has emails from him and from him and the boss to her
Customer
they change the company name last month. So that is probably why they said he didn't work there anymore
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Counsel Creed, Expert

Well, it certiank appears that you have good evidence to support a court application. Your problem is that you cannot do that on your own FOR AS LONG AS FRO IS INVOLVED. I suggest that you put more pressure on them to go after the ex AND his boss.

Customer
Ok thanks
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Counsel Creed, Expert

Thank you for your 5-star rating. Good luck and feel free to contact me again if you need further assistance.

Customer
You're welcome. I will.
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Counsel Creed, Expert

excellent

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