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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 08-07-2015, 02:51 PM
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We should introduce your ex to my partners ex. Poor math skills, unwillingness to work together, irrational and unreasonable...they have so much in common!
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Old 08-07-2015, 03:01 PM
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We get nickel'd and dime'd all the time. This school year the ex refused to pay for common field trips (cost of $10) she actually wrote in child's agenda, Dad will pay for it and I will pay him back.
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Old 08-07-2015, 07:07 PM
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I wouldn't hold out much hope that MEP will be helpful. If they can't wrap their minds around offset CS, the moving target of s7 will be over their heads too.

I would just subtract the amount owed from your offset payment until things are even. Clearly document all your calculations and remind him of the precedent set when you did this last time. Refer clearly to your agreement and to the exchange of emails where you settled on those ratios, and when he agreed that the expense in question was s7.

If he wants to be difficult, you have to be firm but fair right back at him. Then if anyone is taking the other to court, it's him initiating it, not you. He seems like he's all bluster and bullying you into complying with him, but he may cave in when he would have to pull the same performance for a judge.
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Old 08-11-2015, 11:15 AM
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I would agree, you should never mix CS with S.7. however you have little alternative short of going to court.

I am in the same boat myself. 50/50 but I am the support payor. I've been told numerous times that FRO will NOT enforce S.7. expenses on my behalf because I am the support payor, they will only enforce for my EX. If I need to get enforcement, then I must seek a separate enforcement order where my EX is listed as the payor. It's sad really as I pay a fairly significant amount in offset child support and my ex refuses to pay for absolutely any expense regardless of how trivial it is. We were both paying the providers at the offset %, however EX refused to pay them directly, basically trying to manipulate getting more money for non-legitimate expenses un-related.

If you approach is in a fair and rational way, then I think you would be well served before a judge should you get blamed for bad conduct (i.e. deducting S.7. from CS)
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Old 08-11-2015, 03:44 PM
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Well, for anyone following this thread, I had an appointment with MEP today to inquire about having all S3 and S7 payments go through them (and spare me some of the crazy), and here is what I learned:

1. (I know this is old news) MEP will only enforce dollar amounts which are specified in your order. So if your order contains dollar amounts which were current at the time it was signed, but are now out of date, you have a problem. For example my order is several years old. It says that both parties will pay each other CS corresponding to their guidelines incomes to be adjusted every year, but then says "in 20xx, the offset amount was $yy". MEP will only collect $zz even though several years have gone by, our incomes have changed, and the offset I'm now paying is $yy.

2. HOWEVER, if you have an order as in #1, with outdated dollar amounts, you can either go back to a lawyer to have your order updated every year (expensive and a hassle), or you can ask the Recalculation Programme to recalculate the amounts for you each year. (https://justice.alberta.ca/programs_...s/default.aspx). The Recalculation Programme takes annual financial income and calculates what the offset amount should be and what the S7 ratio should be. They send this information to the Enforcement part of MEP, who update your file and then collect money accordingly. This costs $75 per year, which is still cheaper than having a lawyer redraft the order every year. Recalculation will only accept orders which meet certain criteria - see their website.

3. (This is was news to me) MEP considers it okay to use S3 to balance S7. In my situation (ex won't pay legit S7 costs), the MEP staff person said what if my order was registered with them, they would deduct the amount he owes me for S7 from the amount they collect from me for S3. They consider S3 and S7 to be part of one financial package, not two separate money transfer streams. I asked if it was legal for me to do that myself (deduct outstanding S7 from S3 payments), and she said she didn't see why not.

4. 2. MEP has trouble with the concept of offset - they divide clients into two categories, debtors and creditors, and the idea that someone might be both (as in a shared parenting situation in which each parent both pays and receives CS) is confusing. For clarity, they consider that the person who has the higher income and therefore pays the net amount of the offset is the debtor and the person with the lower income is the creditor. However, it takes a bit of talking to get to this point.

So - it sounds like it would be possible to get my order enforced by MEP although I would have to go through the recalculation process first. There are a fair number of administrative headaches involved, and the ex would have to provide his financial information to recalculate (which I'm sure he would love to do). I am still undecided as to whether the hassles of registering with MEP are greater than the hassles of continuing to deal with the ex.
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Old 08-11-2015, 03:49 PM
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Well...if the amount you're paying is higher than what is in your current order, resulting in him either paying more or receiving less, could you not file that order with them as a way to force him to come to the table to have the order updated?
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Old 08-11-2015, 03:53 PM
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^^^ Indeed I could. MEP would collect the amount I paid several years ago, rather than the (higher) amount I am paying now, as the gap between our incomes has increased. That might light a fire under him. However, the order says that we agree to pay the amount appropriate to our current incomes, so if I dropped back to my income at the time it was signed, I'd be in the wrong, and I'd prefer to stay in the right. But it's a tempting thought.
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Old 08-11-2015, 04:40 PM
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True. But you could put the difference aside and pay the arrears when it's sorted out.
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Old 08-11-2015, 04:49 PM
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Would paying the $75 a year be worth not having his bs arguments about what decimal point you go with for calculation???
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Old 08-11-2015, 05:19 PM
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Good for you for going in person Stripes to sort this out. Did you get to talk through bullet-proof glass or were you in a regular office? They must get some real crazies there.

Pros of going through MEP is that it of course separates you from dealing directly with your ex.

Cons are that if you have a problem with their calculation (yes they make errors all the time) you have to go in and deal with them again. DO NOT take the advice from MEP people over the phone if you can help it.
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