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Old 09-22-2014, 10:07 AM
scarycheri scarycheri is offline
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Default Threatening court over $48?!?

Hi all,

Here's some background info. I need some advice/opinions

So Feb 2013 a new court order was issued during a case conference. Following was decided:

$2100 per yr for after school care ( child was 10)
$1440 per yr for tutoring
$250 per yr for girl guides

Total $3790

Total amounted to $316 per month. Proportionate share amounted to 50%
Each parent paid $158

*there were many more receipts that the judge rejected such as swimming lessons, girl guide camp fees, sleeping bag, etc

At the end of each year custodial parent would provide receipts to paying parent as proof. If custodial parent exceed the allotted amount she would be responsible for the increase, in the event she spent less paying parent could ask for decrease to monthly payment to reflect this.

Of course exchanging of NOA was expected July 1st of each year commencing July 2013

So July 2013 arrives, paying parent sent NOA to custodial parent and requested same. Also requested a receipt for child care for 2012. Was ignored regarding the receipt. Was told NOA was in mail. When it didn't arrive she said she would give it in person. Didn't happen. Then said would send by courier. Never happened. Payor requested a scanned copy by email and was ignored.

January 2014 custodial parent sent receipts for the following:

Karate $1245 (7 months)
Sewing class $350
Spring camp $305
Tutor $1350
Babysitting $1050 (after school and summer)
Swimming $313
Smmr Camp $646

Totaling $5262

Custodial parent is expecting payor to agree to increase. The paragraph in the court order doesn't include the details as mentioned above. Simply states the payor is to remit $158 per month for s.7. No mention of reassessment or increase however does indicate receipts must be remitted to payor yearly.

Payor petitioned court clerks office for transcripts to confirm what exactly was agreed to and let the custodial parent know the details.

Payor sent NOA 2013 to custodial parent in June 2013. There is an increase to child support required.

July 2014 custodial parent sent a letter including 2013 NOA and a demand that the payor increase his s.7 contribution and child support. She removed the receipts for swimming after remembering the judge didn't allow for swimming to be included as a s.7 expense. Along with the letter is a motion to change on consent. She demanded he sign the motion or be taken to court. She also states if he doesn't agree she doesn't want a response. (um ok?)

Sept 2014 custodial parent sent an email as a "gentle" reminder about the increase. She let him know that she intends to seek help from the court if he doesn't cooperate. She gave him 10 days to respond. She urges him to live up to his financial responsibilities. :/

Payor responded and agreed to the increase to child support but not the s.7 expenses. He scanned the pages from the transcript detailing what she agreed to and attached it to the email response.


So both parents make approx $100k per year.

The increase to s.7 she is demanding works out to an additional $48 per month

The increase to child support amounts to $39 per month

Although the payor wouldn't be broke paying the increase he feels that it's the principle of the issue.

The reason a flat amount was agreed to in court was because the payor was afraid the custodial parent would do exactly this.....spend more money and expect him to contribute without his consent. He feels if he gives in now he is setting a precidence for the future.

Some other issues he has

-receipt for child care is only for July to Dec 2013. Where is receipt for child care from sept 2012-june 2013?

-receipt for child care was authored by custodial parents best friend who works full-time at the school board as per affidavit submitted to court. Leads him to wonder if she was even in care

-summer/march break camp----there was no mention of camp being part of section 7 during case conference

-extra curricular was $250 for the year and is now 6X higher.

-receipt submitted for 2013 tutoring was from 2012 with notes in custodial parents handwriting indicating any changes to tutoring.

If she pursues court the payor intends to request the following:

child care to cease as child is in grade 7

extra curricular be limited to $1200 per year, his share being half

receipts for s.7 must be provided to payor within 30 days of the date on the receipt. Payor has 30 day from date he receives receipts to remit his share

provide dates tutoring was attended on a monthly basis with the option to contact the tutor to confirm and remit payment directly to custodial parent within 30 days

all payments for s.7 made directly to custodial parent via email money transfer

Currently all payments are being made via FRO at the request of the payor as the custodial parent was holding cheques for 3 and 4 months and cashing them at once.

What do you all think?
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