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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 09-11-2012, 07:40 AM
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Default Arrears - Help with Wording

We are in the process of drafting a new agreement. Ex is in CS arrears. I need some assistance with the wording of the agreement so that FRO will actually start collecting the arrears.

Details: He owes $4123. He agrees to pay $100 per month until it is recovered. He will pay any lump sums as possible.

How should this be worded so they will help me. Do they require actualy dates each month for the payment ie. On the 15th of each month X will pay $100 etc.

I want to make sure I have included enough info for FRO.

Thanks
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Old 09-11-2012, 09:32 AM
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Berner_Faith will become famous soon enough
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I have never personally dealt with FRO, however I do know that wording is very important... the part about a "lump sum" will be hard for them to enforce... they enforce court orders, but those court orders need to be clear. Stating lump sums as possible, will not be enforceable. However, you are on the right track with stating a specific day and amount each month.
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Old 09-11-2012, 09:47 AM
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Quote:
Originally Posted by babygirl View Post
We are in the process of drafting a new agreement. Ex is in CS arrears. I need some assistance with the wording of the agreement so that FRO will actually start collecting the arrears.

Details: He owes $4123. He agrees to pay $100 per month until it is recovered. He will pay any lump sums as possible.

How should this be worded so they will help me. Do they require actualy dates each month for the payment ie. On the 15th of each month X will pay $100 etc.

I want to make sure I have included enough info for FRO.

Thanks
Here is good starting point ...

ONTARIO REGULATION 454/07
RECOMMENDED STANDARD TERMS FOR SUPPORT ORDERS


Quote:
Support Arrears
3.1 (1) In this section,
“assignee” means a person or agency to which an order for support is assigned under subsection 34 (3) of the Family Law Act or subsection 20.1 (1) of the Divorce Act (Canada). O. Reg. 182/08, s. 5.

(2) The following standard term is recommended to be used where support arrears are owed by the payor only to the recipient:
As of [insert date], the support arrears owed to [insert name of recipient] by [insert name of payor] are fixed in the amount of $[insert amount].
[Insert name of payor] shall pay $[insert amount] per month to [insert name of recipient] on account of the support arrears commencing [insert date] and continuing on the [insert number] day of each month that follows until the arrears are paid in full.
WD
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