I am in Canada, and have been unable to find information that a friend needs on collecting back child support payments.

She was awarded over $2500.00 in what was owing, plus he was ordered to pay a regular amount each month, plus extra to cover the outstanding balance.

He hasn't paid any of it.

He is self-employed, and declares only a small fraction of what he earns.

FRO (Family Responsibility Office) has not acted upon this court order, to collect anything, even assets, and they are in a legal position to do.

The debt just keeps adding up, month after month.

Is it an option for a person to file a small claims court action, for the $2500.00 she was already awarded in court over two years ago?

From my understanding I do not believe that your friend can take this case to small clams court, however the FRO should has a way to enforce the obligation. Such as have him arrested and pay so much to get out. They may have other possibilities also that she may want to look into. But the only way to get it paid is through the FRO.

Hello Jake:

If she has a court order, then getting a new court order won't change things... Besides, she won't be able to get one..

If she needs the FRO to step up, then she has to begin a concerted campaign to get these bureaucrats off their duffs. She could begin by calling on the telephone, and asking to speak to supervisors when she doesn't get a satisfactory answer. She should follow up ALL these calls with certified letters documenting the conversations, and sending copies to supervisors, and MP's (isn't that what your congressmen are called?).

There's more to it than that, but if she works it properly, she'll be a squeaky wheel, and it'll get greased...

excon

I was afraid of that.

FRO has not acted. Part of this is that he will toss a few extra bucks in to show 'he's making an effort', but at the end of the month, the regular payment is never in full.

FRO did turn the heat up about a year ago, and then he went to court to have the order adjusted because he claimed he made even less money than the year before.

It should be legal to take them to small claims. At least that way, with a judgment, she would have options herself that would likely be easier to enforce.

Thanks for the answer, appreciate that.

Quote:

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ALL these calls with certified letters documenting the conversations, and sending copies to supervisors, and MP's

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Not a bad idea at all. I will pass that on to her tonight. Names, dates, letters to back it up. Then send a stack off to our local MP (that is correct by the way ;).

Thank you.