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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 11-16-2016, 09:51 PM
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Default I thought it would be simple but FRO is never that!

So situation is as follows.

Mom has gone on mat leave for 12 months. Therefore will not require daycare for Son 5 ( before and after school plus some holiday coverage) for the next 12 months.

Mom receives a set amount each month for daycare collected through FRO. The amount is the calculated on a proportionate to income net'of tax benefits. This was set up after a 2 year battle to get Dad of son 5 to contribute to daycare. There is a clause that each year there will be a calculation of actual costs and a settlement of any amounts owing or overpaid.

Dad is also reluctantly paying a set amount each month ( again through FRO) to pay off 2 years of Section 7 arrears, plus he has an outstanding 2 years of under paying CS by lying about actual income.

FRO has finally issued a Federal Deduction Order which as he is paid by the Federal Government will be a wage garnishment order. So the arrears will likely get paid up in the next 4 or so months.

So options for the daycare payments made through FRO. Keeping in mind Mom will return to work in 12 months so it is only a temporary situation.


Option 1. Motion to change existing order and cease the daycare amount for 12 months. Not sure what forms would be best.

Option 2. email Dad and suggest that as per the order there will be a calculation of daycare paid against actual daycare costs and he can expect a refund next June.

Option 3. Do nothing and he will have to figure it out ( which is not something we are in favour of)

Option 4 ask FRO to apply the 12 months of daycare not being used against the existing arrears. Also though not sure how we would go about that. I asked FRO if we could just send them a letter stating they are to defer collection of daycare for 12 months and they did not know,how to go about that.

Any suggestions?
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Old 11-16-2016, 10:30 PM
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Actually just had another thought on this

We are thinking we should contact Dad and tell him he can chose how to handle this. He can either put together a motion to change on consent which Mom will sign to suspend,the daycare payments for the 12 months mat leave period or he can ask FRO to apply the daycare payments against some of his $$$$ of arrears. And again Mom will agree to sign consent.

But let him do the work.
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Old 11-16-2016, 10:53 PM
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I'm not convinced you should need a while motion to change. Can you not come to an agreement between the two parties, write it up as temporary from now until x date when daycare costs resume and file it with the courts, then FRO? if both parties are consenting i can't see why a court date would be required.

Perhaps someone else may know the answer for certain.
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Old 11-16-2016, 10:53 PM
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I'm not convinced you should need a while motion to change. Can you not come to an agreement between the two parties, write it up as temporary from now until x date when daycare costs resume and file it with the courts, then FRO? if both parties are consenting i can't see why a court date would be required.

Perhaps someone else may know the answer for certain.
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Old 11-16-2016, 10:55 PM
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I believe a Federal Deduction order is to grab things like tax returns, HST/GST rebates, provincial government rebates. Would you not need a Wage Deduction Order for his income to be garnished? You probably can find the information from their website. Keep in mind that one arm of the Federal government rarely talks to the the other arm.
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Old 11-16-2016, 10:58 PM
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Are they able to communicate enough that they agree that mom reimburse dad his portion on a monthly basis? That way FRO doesn't get confused, court is not involved, and the payments will continue as if nothing has happened once mom's mat leave is finished?
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Old 11-16-2016, 10:59 PM
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Quote:
Originally Posted by Beachnana View Post
Actually just had another thought on this

We are thinking we should contact Dad and tell him he can chose how to handle this. He can either put together a motion to change on consent which Mom will sign to suspend,the daycare payments for the 12 months mat leave period or he can ask FRO to apply the daycare payments against some of his $$$$ of arrears. And again Mom will agree to sign consent.

But let him do the work.
I believe that his repayment of arrears, unless court-ordered, is up to FRO to decide upon is it not?

You have disclosed that child is not requiring daycare anymore so I believe the onus is on the father to figure things out.
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Old 11-17-2016, 08:05 AM
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Why not just reimburse dad the money. That way when she goes back to work the money is still coming in.
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Old 11-17-2016, 01:06 PM
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Exactly.....those were might thoughts too.

Quote:
Originally Posted by rockscan View Post
Why not just reimburse dad the money. That way when she goes back to work the money is still coming in.
2motherbear 4.....I believe both parties are Military, the OP's daughter for sure, but things might have got toxic for there to be a civil relationship especially as there is outside influence injecting into the relationship.
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Old 11-17-2016, 01:35 PM
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Quote:
Originally Posted by hopefull View Post
Exactly.....those were might thoughts too.



2motherbear 4.....I believe both parties are Military, the OP's daughter for sure, but things might have got toxic for there to be a civil relationship especially as there is outside influence injecting into the relationship.
Not going to respond to,what you might think are " outside influences injecting into the relationship"

As Arabian pointed out Mom has disclosed to Dad that she is on Mat leave and will not be using daycare for the next 12 months so I agree with Arabian the court is in Dad's end to decide how he would like to,handle,this.

I believe there would be some costs involved if either party wanted to give FRO a new directive on daycare payments for the next 12 months. Something Mom is not prepaid to pay out especially as Dad owes $$$$$ in CS and daycare arrears.

Their CS/section 7 order has a provision for a annual reconciliation with a date specified for income tax returns and figuring out any under or over,payments.

I can assure you Dad would not pay any underpayments at the time of reconciliation so why make it easy for,him. I feel we can wait until June 1st and do the math,and send,the monies owed then. In the meantime put the amount into savings so it's readily available.

There decision made.
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