Acronyms
A client who comes to your office without an appointment and tells you they got some papers from the Family Responsibility Office that they didn't understand, which they left at home.
What is "not to Court"?
Client should be advised to go home and get the papers - you need to know they are facing?
Number of days a payor has to bring a Motion for a Refraining Order from the date of a First Notice to Suspend Issued by FRO.
What is 30? Not one month- beware of months with 31 days!! And, time periods that expire on a weekend!! Section 34.
This is serious action that can be taken by the court if the payor fails to attend court at any stage of a Default Hearing.
What is a Warrant for their arrest, Section 41(7) FRSAEA?
What client needs to do if he/she has been served with a Notice of Default Hearing.
What is "go to Court"?
A Default Dispute form 30B
Financial Statement (form 13)
Last three year's NOAs and recent pay stub
10 days after they were served by FRO.
Enforcement steps that can be taken against a payor other than a Driver's Licence Suspension, or action in Court.
What are: suspension of Licences under the Fish and Wildlife Conservation Act, registration against land (lien), forced sale of land, reporting to professional/occupational entity, PPSA registration, seizing lottery winnings, suspension of other federal licences (passports, pilot, maritime), garnishing sole/joint bank accounts?
What is "not go to court"
There is no refraining mechanism within the Rules or FRSAEA for refraining the FRO from suspending a Federal Licence as there is for a Driver's Licence.
The length of time before a Refraining Order expires.
What is 6 months, Section 19(d) FRSAEA?
Who Recipient can contact if they are not happy with enforcement steps being taken by FRO on his/her case?
What is their MPP's office?
The presumption on a Default Hearing that must be overcome. Section 41(9) FRSAEA?
"The payor is presumed to have the ability to pay the arrears and the arrears statement is presumed to be correct."
Steps client can take if he/she missed the 30 day deadline for obtaining a Refraining Order related to suspension of his driver's licence.
What is "not go to Court"?
There is no jurisdiction for the court to re-instate a licence once it has been suspended. But - client can still start a Motion to Change so that he/she can be in compliance with the current Order.
What happens if the support payor is in receipt of Ontario Works or ODSP.
What is the support order can not be enforced against this income source unless explicitly authorized?
Section 24(2)
The Client's child is now 32, is married and has 2 kids of her own but the client's GST cheques keep getting garnished. He and his ex hate each other and never speak.
What is "go to court"?
Unless he takes some step to obtain an Order terminating his obligation, the order remains enforced by the FRO.
The number of days available to obtain a Refraining Order in response of a "FINAL" notice of suspension being issued by FRO.
What is 0 days? The court has lost jurisdiction - this is only a warning that client can keep their license if they X, Y Z within 15 days.
The court that has jurisdiction to hear default proceedings regardless of the original court that made the order being enforced?
What is OCJ or UFC as appropriate?