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  • FRO/Statement of Arrears

    Partner got a letter from FRO with a "statement of arrears" form attached. His ex filed two S7 receipts on it with the wrong proportionate share percentage. Additionally, the statement of arrears is listed as a form used for support. Is S7 considered for this form?

    He's going to call his caseworker tomorrow to find out what his next step is. We just don't understand how FRO can just accept a form that has the wrong financial info on it. He's not disputing paying for the expenses, he's disputing the proportionate share calculation she used.

    Help?

  • #2
    Originally posted by rockscan View Post
    Partner got a letter from FRO with a "statement of arrears" form attached. His ex filed two S7 receipts on it with the wrong proportionate share percentage. Additionally, the statement of arrears is listed as a form used for support. Is S7 considered for this form?

    He's going to call his caseworker tomorrow to find out what his next step is. We just don't understand how FRO can just accept a form that has the wrong financial info on it. He's not disputing paying for the expenses, he's disputing the proportionate share calculation she used.

    Help?
    It's all one form.

    All he has to do is dispute it. That's what my ex did, and FRO never collected the money.

    Comment


    • #3
      Ok thanks.

      He's been asking for months for the receipts and she wouldn't send them. Now he can pay it.

      Comment


      • #4
        On the flip side of this. Does your agreement have a clause for section 7 expenses to be collected through FRO? Just inquirying because we are about to put a change motion in place to facilitate FRO collection of daycare proportionate to income. Its not in the agreement, so we assumed we needed to have it put in begore FRO will collect.

        Comment


        • #5
          No. The only reference to FRO in the agreement is if he defaults she can file within 15 days. She ripped up his cs cheques and filed with FRO because she didnt agree with income amounts. (Dont ask, we dont understand her actions either.)

          Hes never missed the "within five days of receiving the receipts" clause. He even went to the school in the spring to get a copy of the end of year trip receipt. Hes been asking since January for these receipts and suddenly they pop up now filed with FRO with the wrong %. We tried several different calculations last night and couldnt figure out what she used. Not the % in the agreement, not last years, not the one she thinks he owes, not the one based on current incomes.

          Comment


          • #6
            That is frustrating. I understand that. That is the problem with having % and not firm figures in the order. My daughter CS is a specified amount but then when income changes it is a pain to get the adjustment up or down. Her order states sextion 7 expenses are proportionate to income so FRO will not make the calculations. There is FRO forum or website that someome set up. Apparently there is some good advice to be found there. Not sure of the actual link but I am sure someone will let you know.

            Comment


            • #7
              Ya its frostrating. Ive asked a few questions of them too. Its fine to go through FRO but get your figures right. These arent even close to the %'s theyve been using for the last two years let alone the right one for this year. And hes still got university receipts coming!

              Comment


              • #8
                Originally posted by Beachnana View Post
                That is frustrating. I understand that. That is the problem with having % and not firm figures in the order. My daughter CS is a specified amount but then when income changes it is a pain to get the adjustment up or down. Her order states sextion 7 expenses are proportionate to income so FRO will not make the calculations. There is FRO forum or website that someome set up. Apparently there is some good advice to be found there. Not sure of the actual link but I am sure someone will let you know.
                FRO won't make the calculations, but if you submit a statement of arrears with the calculations, the paying party will have to object to it, or it will be collected.

                While FRO didn't collect the S7 expenses for me (the ex objected), he has since been ordered to pay them. The judge wasn't impressed that payment was requested by me, then by FRO and he refused to pay. All of a sudden in the motion hearing, his lawyer suggests they are "reasonable" and the judge ordered him to pay them.

                This also helped the judge understand the payment struggles for expenses. Her orders were definitive. While they state XX percentage share, they also state a specific dollar amount.

                Comment


                • #9
                  Oh hes going to pay them but hes paying the amount hes supposed to pay not some made up number she calculated. She couldnt even agree to the % last year either even when the person she speaks to at the flic said he was right. It just worries us that she'll just start putting in receipts for stuff he hasnt agreed to. And what the process is to do it.

                  If she rejects the proper % amount I cant see it going well for her. Shes rejected his arrears cheque from last year, refuses to provide information, and has shown double dipping, lost items he paid her for and cashed cheques for items not followed through on. Hes doing what hes legally obligated to do, shes the one screwing around.

                  He has a good caseworker and he makes his payments the first of every month so im sure he'll be able to fix the amounts and pay what hes supposed to quickly. Hes been waiting for these receipts for months now. He has them, he can pay them and be done with it.

                  Comment


                  • #10
                    The case worker won't be able to "fix" the amounts she's claiming. They'll send it back to her explaining that it "doesn't adhere to the court order" and then do nothing further about it. As a Statement of Arrears is an attested document, FRO can't change it, they can only reject it.

                    He can pay the appropriate amount into FRO, so it is there waiting for her when she gets her $hit together.

                    Comment


                    • #11
                      Could he do the form and submit it?

                      Comment


                      • #12
                        Originally posted by rockscan View Post
                        Could he do the form and submit it?
                        I don't think he can do that....but,

                        he could calculate the amount himself - based on the receipts provided, and then make a payment to FRO in that amount. It would be nice of him to advise her that has been done, because FRO won't.

                        My ex, once served with documents, arbitrarily increased the CS to the amount it should be - and paid it to FRO. I didn't even know about it until he'd done it for 10 months - despite being in the court process. When he was served, he backdated that increase to the appropriate date.

                        This saved his ass on CS arrears in the court, even though he was opposing my motion to change.

                        Without even any tangible proof of him doing this - the judge assumed he was telling the truth and then only ordered the arrears already paid into FRO to be paid to me. I didn't get the money from FRO because the court order said a different amount.

                        I had to spend hours on the phone with FRO to verify his statement as the judge never once ordered he prove it.

                        FRO tells me once the order is actually issued, I'll get all that CS arrears that has been building up for over a year now.

                        Clearly the motion judge saw his games, but because he had "paid it" he wasn't considered in arrears for that amount.

                        Comment


                        • #13
                          Ugh. What a mess. He doesnt want to create difficulties and hes trying to pay what hes supposed to. Hes following the law to a T but his ex refuses because she wants settlement money back.

                          Comment


                          • #14
                            You're right, it is a mess.

                            Is it at all possible she made an error? I dunno - a simple email stating the error, and how much it should be, might be all is needed to prompt her to do it right, if she wants the money. Doing it wrong, for whatever reason, is only going to delay the payment to her. And rightfully. He doesn't have to pay what he doesn't owe.

                            It's frustrating, I agree. My ex ended up having to pay what was on the statement of arrears at the same amount anyway....but, the expenses were incurred over two years ago now, and I'm still waiting for the $, even though it has now been ordered by the courts.

                            He could have been cooperative and just paid it...but, he chose this route.

                            Just pay what the right amount is and leave the rest to her. If I received a bill in the mail and it was overstated, I'd simply pay the correct amount and send the payee a note explaining why. It doesn't have to be difficult.

                            Comment


                            • #15
                              Well that conversation was confusing. He sent a fax for dispute outlining why he was disputing because "their finance department will recalculate what he owes" which is ridiculous since she couldnt understand the separation agreement herself! (She = caseworker) he has to go get an affidavit of unemployment too so they can have it on file which we also dont understand since his ex's income went up $15,000 since the agreement was signed further reducing the proportionate share.

                              He sent the fax with the items in the SA listed and the FCSG S7 paragraphs about how to calculate the amounts owed with the proper calculations in the letter (i.e. Camp fee minus bursary minus child activity credit etc). Lets see if they can figure it out.

                              Sigh...

                              Comment

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