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 05-12-2017, 07:12 PM
Junior Member
 
Join Date: May 2017
Posts: 15
uptohere2017 is on a distinguished road
Default Still paying after post secondary degree

Hi All, I'm a newbie here. My ex has an order that I pay for my child for post-secondary education. No problem. I've been paying but just found out (from another source) that my kid graduated with a degree a long time ago. Neither one of them contacted me and when I contacted FRO to let them know, they said my ex doesn't agree so I have to go back to court. My kid is estranged now from all the shenanigans and back-stabbing from the ex so I'm not going to get help from either of them. What's the best evidence for me to use and how likely am I to recover retroactively the amount I have overpaid her? This is a case out of the ONSCJ. Any help would be appreciated.
Reply With Quote
  #2 (permalink)  
Old 05-12-2017, 07:30 PM
Senior Member
 
Join Date: Mar 2014
Posts: 3,009
rockscan will become famous soon enough
Default Still paying after post secondary degree

FRO was wrong. Theres a form you fill out that they send to your ex for proof they are still in school. This will only stop support. If you want to be paid back then yes you will need an order.

Call FRO back and ask for a supervisor. Tell them you want the form to stop support sent to you (ask for it to be emailed) and that you want support to stop while this process is going on.

If that doesnt work you ask for another supervisor.

Last edited by rockscan; 05-12-2017 at 07:32 PM.
Reply With Quote
  #3 (permalink)  
Old 05-12-2017, 11:11 PM
Senior Member
 
Join Date: Jun 2007
Posts: 556
paris is on a distinguished road
Default

Here's the form

Ontario Central Forms Repository - Form Identification
Reply With Quote
  #4 (permalink)  
Old 05-18-2017, 12:30 AM
Junior Member
 
Join Date: May 2017
Posts: 15
uptohere2017 is on a distinguished road
Default

Thank you for the advice and the document. FRO actually sent a letter stating that they would still enforce the Order and they had no authority to stop enforcement. They said it would be a matter for the Court to decide. My concern is that the ex is going to come up with some reason as to why my kid can't find a job or needs more education, etc. I'm not even sure my kid knows that support is still going to my ex. I'm fine if my kid still needed the money for school but I don't like being taken for a fool and having the ex use child support money for her own personal needs.
Reply With Quote
  #5 (permalink)  
Old 05-18-2017, 03:15 AM
Senior Member
 
Join Date: Jun 2007
Posts: 556
paris is on a distinguished road
Default

I'm curious what you actually said to FRO for them to tell you what they did and send a letter like that. How do they know your ex doesn't agree?

They should have put a hold on future funds collected until it's resolved. They should have sent you a copy of the form. Send the form in yourself. She has 30 days to respond to it. If she doesn't respond then FRO stops collecting. If she responds saying she doesn't agree then you'll have to take it to court.

Do you have CS arrears? How old is kid?
Reply With Quote
  #6 (permalink)  
Old 06-06-2017, 05:53 PM
Junior Member
 
Join Date: May 2017
Posts: 15
uptohere2017 is on a distinguished road
Default

There were arrears but they are being paid now for years. We sent a letter to FRO and they simply sent a letter back saying she doesn't agree that support was ended and we would have to seek out a court order. We have very ample evidence that the child is working and even have the date of the post-secondary education. Seriously, is there any way that she can wiggle out of this? She has kids by a few different men and this is just the latest cash grab she is using to get more money.
Reply With Quote
  #7 (permalink)  
Old 06-06-2017, 07:04 PM
Senior Member
 
Join Date: Jul 2012
Posts: 1,692
OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
Default

Quote:
What's the best evidence for me to use and how likely am I to recover retroactively the amount I have overpaid her?
Bring a motion to change, seeking:
- disclosure of your children's university transcripts from [relevant date] to present
- termination of child support for each child as of date of completion of or withdrawal from full-time post-secondary
- if the termination results in there being an over-payment, for that over-payment to be repaid on a reasonable schedule
Reply With Quote
  #8 (permalink)  
Old 06-06-2017, 07:27 PM
Junior Member
 
Join Date: May 2017
Posts: 15
uptohere2017 is on a distinguished road
Default

Would I need to seek disclosure of transcripts for this particular child? My concern is that if that is in the motion, she will ask for more time (delay) to get them. I was thinking just to ask for termination of child support and to affix the evidence that my child is no longer in school to the motion in the form of Affidavit exhibits.
Reply With Quote
  #9 (permalink)  
Old 06-06-2017, 08:13 PM
Senior Member
 
Join Date: Mar 2014
Posts: 3,009
rockscan will become famous soon enough
Default

You ask for proof of enrollment and/or transcripts. If you do it formally through a motion to terminate cs then she has a time limit on responding. Transcripts are easily accessible, record of enrollment requires input from the registrar and its summer intersession so there isnt too much of a workload.

I think you can ask for a quick turn around. Plus if you file the motion now you can share with FRO and they will stop garnishment/enforcement and withhold the funds.
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
Post secondary costs Tryingsohard Financial Issues 1 09-23-2013 10:57 AM
Post Secondary Issues crosbyfan Financial Issues 6 07-08-2013 09:56 PM
Post Secondary Education Ginger_Mallow Divorce & Family Law 39 12-11-2012 09:18 PM
Child support and Post Secondary Coop Financial Issues 8 02-27-2012 03:59 PM
post secondary support 2hopefull General Chat 10 04-01-2010 04:26 AM


All times are GMT -4. The time now is 07:48 PM.