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Getting Section 7 Daycare paid

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  • Getting Section 7 Daycare paid

    So again she is dealing with non payment of daycare. Last time she used the lawyer and it cost $800 to get the payments. This time, on advice of a court mediator (who her ex refused to meet with) she is going to process the necessary forms herself.

    So I have searched the forum for the correct process and just cannot find it.

    Questions
    1. Does she have to file for contempt? I know that is a big deal and a I am not sure its appropriate when we are dealing with money only.
    or
    2. Should she file for consent to have FRO collect the daycare on a monthly basis upon receipt of the invoice? I think that is a Form 25? This is what the lawyer did last time and sent it to him and then he suddenly paid the arrears he owed. But of course has now not paid since then. Do you think she should do this again. Our understanding is that she sends this form and then if he refuses to consent she would take this form and all the documentation have to go to the court and get the judge to approve it.


    So many options and ways to "skin the cat"
    Before you tell me to butt out of her concerns. I am the one who does the research and she is the one to do the communications and decisions. Also she has sent the invoice from the registered daycare provider each month with the calculations of the agreed 60/40 split, plus each month shown the arrears. Its been 10 months now and he has refused to pay.

  • #2
    Why doesnt she just file it as a statement of arrears with fro then it goes on his tab?

    Comment


    • #3
      Partners ex submitted receipts to FRO on a statement of arrears which was notarized and submitted to FRO. If the ex had calculated it properly it would have been paid but he disputed it. If your daughter takes all the receipts and submits to FRO on the SOA then it would go through to his account and he would be notified. Hed have to call FRO and file a formal dispute.

      Comment


      • #4
        We are doing that, but he will dispute it. Also FRO will not collect given that the separation agreement merely states Section 7 will be paid on proportionate to income amount, but does not give any % or amounts. But, yes we are doing that as well. This is in anticipation that he will dispute and not pay.

        Comment


        • #5
          Ah. See, in their agreement it said at the date of signing it was 26% so they collect on that. Even though it has been updated twice since then.

          Comment


          • #6
            yes, well we all live and learn eh! That's how lawyers make their money on our backs with unenforceable statements or set amounts which FRO cannot change.

            So we are going to send it to FRO anyway just so we have done due diligence, but are also going to send Consent Order for him to sign, which of course he will not, then we will take all that paper work and serve him with a? That's the big question. What is the next step.

            Comment

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