Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

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

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 03-07-2014, 11:29 AM
Senior Member
 
Join Date: Apr 2013
Posts: 1,347
Beachnana is on a distinguished road
Default Is asking for section 7 expenses to be paid harassment?

So after payee was in arrears for section 7 daycare for 4 months emails were exchanged and a letter and motion for consent from lawyer was sent and finally to avoid FRO being involved payee agreed to receive invoice monthly and pay by the 15th of each month. Payment of all arrears was received after 9 months. But payee has ignored and refused to pay any more. At first the excuse used was I want the invoices sent from the provider, not through you. ( Although this is not what had been agreed to). So that has been arranged and invoices are forwarded by the provider each month? Still no payments received.

Each month, despite the provider sending the invoice, which is ignored I send As per the agreement, a monthly email, with current daycare invoice received and attached with a calculation of portionable amount ex is responsible for. Plus a running total, with details of the arrears.

I know at some point, as the amount and time increases I would have a significant basis to justify a motion to have these amount charged through FRO.
The emails are factual and polite. No response or payment to date has been received but will continue to do so to. build paper trail of requests and his denial.

Can this be construed as harassment? We are dealing with other issues, through lawyers at this time but I thought that this established process, for which we have a written agreement in place, should be continued.
Reply With Quote
  #2 (permalink)  
Old 03-07-2014, 11:48 AM
Senior Member
 
Join Date: Aug 2013
Posts: 1,151
MS Mom is on a distinguished road
Default

Quote:
Originally Posted by Beachnana View Post
So after payee was in arrears for section 7 daycare for 4 months emails were exchanged and a letter and motion for consent from lawyer was sent and finally to avoid FRO being involved payee agreed to receive invoice monthly and pay by the 15th of each month. Payment of all arrears was received after 9 months. But payee has ignored and refused to pay any more. At first the excuse used was I want the invoices sent from the provider, not through you. ( Although this is not what had been agreed to). So that has been arranged and invoices are forwarded by the provider each month? Still no payments received.

Each month, despite the provider sending the invoice, which is ignored I send As per the agreement, a monthly email, with current daycare invoice received and attached with a calculation of portionable amount ex is responsible for. Plus a running total, with details of the arrears.

I know at some point, as the amount and time increases I would have a significant basis to justify a motion to have these amount charged through FRO.
The emails are factual and polite. No response or payment to date has been received but will continue to do so to. build paper trail of requests and his denial.

Can this be construed as harassment? We are dealing with other issues, through lawyers at this time but I thought that this established process, for which we have a written agreement in place, should be continued.
Not according to the police in my area, My ex's wife called the police alleging harrassment because I text him looking for S7 payment. The police showed to his house and then phoned me. The officer was not impressed with the complaint made. He advised the ex to just pay the expense and then phoned me to let me know that the complaint was baseless and what he had advised the ex to do.

There are rules in place for bill collectors trying to collect from debtors. I've been of the opinion that if I followed those rules, then harrassment can't be construed from merely trying to collect on a debt.
Reply With Quote
  #3 (permalink)  
Old 03-07-2014, 12:16 PM
Senior Member
 
Join Date: Sep 2012
Posts: 1,702
DowntroddenDad will become famous soon enough
Default

I think an angry ex who is frustrated and upset might call it harassment. But no court and no reasonable person would see it the same way.

Monthly contact is fine. Your language has been civil.

Don't worry about it.
Reply With Quote
  #4 (permalink)  
Old 03-07-2014, 12:26 PM
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,726
HammerDad will become famous soon enough
Default

Sending an invoice in a civil manner, for an amount and in the manner which has previously been agreed upon, is not harassment. Following up on the amount owed a week or two later is also not harassment.

Each invoice I sent, I would follow up on 2 weeks later. I would also request reimbursement of outstanding invoices in my next months email, simply stating that the following amounts for invoices sent on X date remain outstanding and their prompt attention to the matter would be greatly appreciated.

Once you have about 6 months worth of o/s invoices, I file a motion in court for payment and to register with FRO.
Reply With Quote
  #5 (permalink)  
Old 03-07-2014, 12:30 PM
Senior Member
 
Join Date: Feb 2013
Posts: 2,838
stripes is on a distinguished road
Default

He probably thinks you're harassing him and is complaining about it to his buddies, but you aren't. As long as your communication is polite, and not excessive (once a month is not excessive), you're not going over the line. Texting him 20 times a day might be excessive, but even then, if he's not paying his share of the S7, he's kind of bringing it on himself.
Reply With Quote
  #6 (permalink)  
Old 03-07-2014, 05:15 PM
Senior Member
 
Join Date: Apr 2013
Posts: 1,347
Beachnana is on a distinguished road
Default

Thats what we figured. Polite, factual email, with the reminder of the areas. We will wait 1 more month and then file a motion to have a set amount paid each month through FRO. Then each year end, tax time and NOA exchange time we will do a annual adjustment amt paid vs amount owed etc. Might as well kill many birds with one stone. Life would be simpler if everyone did what they were responsible for. No need for emails and such. But then when has life been easy?
Reply With Quote
  #7 (permalink)  
Old 03-07-2014, 05:19 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,960
arabian will become famous soon enough
Default

"Why wait for Spring?... do it now"

Process is exceedingly slow. Once you get a court order it still takes 60 days before any collection/garnishee happens.

Remember, you have to factor in all the delays that the system allows deadbeats.
Reply With Quote
  #8 (permalink)  
Old 03-07-2014, 05:31 PM
Senior Member
 
Join Date: Apr 2013
Posts: 1,347
Beachnana is on a distinguished road
Default

Oh believe me now would be ideal, as the amount is building up on the old visa, but right now there are other more pressing issue dealing with and hopefully this can all be bundle into the annual review discussion.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Extraordinary expenses - can CS payor claim? Simplicity Financial Issues 0 11-15-2012 09:10 PM
FRO - section 7 expenses Coop Financial Issues 5 10-22-2012 02:19 PM
CS, adult kids, and expenses, long post venice Financial Issues 5 01-10-2012 03:38 PM
Question on CS and Section 7 Expenses decent fellow Financial Issues 4 11-15-2011 01:59 AM
Need Objective Advice k66 Common Law Issues 8 05-16-2007 05:30 AM


All times are GMT -4. The time now is 05:37 AM.