Since April of this year child has attended a registered daycare school. Each month the invoice for the fees was scanned and sent to Dad. Initially, he emailed he would not pay his proportionate amount and said that was what child support was for. Eventually, in July Mom contacted her lawyer and he sent a formal request and started the process to go to court and have the daycare fees processed through FRO, as the Child Support was already registered through FRO. He had also ignored all communication from FRO and was in arrears having never paid CS. Lawyer cited the custody agreement that states he will pay proportional to income his share of the section 7 expenses. He eventually agreed, in an email to Mom, to the following process to facilitate payment of invoice as long as The court process was dropped.
The agreed process:
Invoice received by mother by 4th of the month, scanned and sent by email to Father who will calculate his 60% ( the agreed portion % based on income) and send payment by interact by 15th of each month. The arrears were to be paid in 3 instalments by post dated cheques.
Aug, Sept and Oct bills were duly sent but no payment was made. One of the posted dated cheques bounced.
In November, Mom drafted her own email to Him to remind him that he had not paid the daycare fees and also was 10 months behind in child support and she was submitting the daycare expenses to FRO to action payment proceedings. She contacted FRO and was told that she could submit the arrears for daycare and they would go after him with a licence suspension and garnish wages. He works for the military and they take a very dim view of non paying Dads. FRO actually started the process ( new contact person, and he was really good) his name was sent to the Credit Bureau, so that seem to wake him up.
Suddenly all was paid! Money sent thro FRO to her and then an interact payment of all the daycare fees arrived. Great ? Well now the problems begin.
He did not check about exactly how much he owed for CS and in a previous email she had mention it was over $3000 owing so he overpaid to FRO for CS. He did not bother to do the calculation himself. He was furious, blaming her that FRO now had held onto the overpayment to cover the next 2 months. So now he has decided she is too blame and he does not trust her sending the invoices from daycare to him. He has now emailed Mom,and informed her that he wants to receive the past, present and future invoices directly from the daycare provider. Until he has access to the daycare account he will not pay anymore daycare fees. His reason, " you could have tampered with the invoice". He contacted the daycare provider, he has been given all this information previously, and asked to receive past invoices and in future the monthly invoices and he would pay what he decided to pay directly to the daycare provider. They informed him, that as the contract was with Mother not him, they could not do this without her permission and also that this would be a lot of extra work for,the clerk and not something they usually do. They can send him a copy of the tax receipt which will have total amount charged in the year, which he could check against total he had been given by Mom.
He contacted Mother and informed her of the communication he had with the accountant at the daycare. She declined to give him access to the daycare account, as it contains her private billing information such as visa number. In November The daycare service went paperless and you log in each month and retrieve your latest invoice. Again all your personal information is in this account. So in November the invoice was downloaded and forwarded. The Dad paid it along with the arrears No problem. Now he has suddenly decided he wants more control and wants to get the invoices from source and initially said he also,wanted to pay the daycare directly. He said it was in their agreement and in The Family Law Act that this is how it done. It is not in the agreement and I checked the FLA and could find any reference to this. The agreement states that section 7 expenses shall be paid proportionate to their incomes.
He then sent a full copy of the custody agreement to the secretary saying he had shared custody and therefore was entitled to get all invoices directly from them, not through Mother as he had been doing so up to now. The agreement actually states that they have Joint Custody and the child resides with the Mother. But not sure what he thought sending this document to the secretary would achieve, only to embarrass himself, as it refers to his problem with alcohol.
So question?
How do we handle this?
The agreed process:
Invoice received by mother by 4th of the month, scanned and sent by email to Father who will calculate his 60% ( the agreed portion % based on income) and send payment by interact by 15th of each month. The arrears were to be paid in 3 instalments by post dated cheques.
Aug, Sept and Oct bills were duly sent but no payment was made. One of the posted dated cheques bounced.
In November, Mom drafted her own email to Him to remind him that he had not paid the daycare fees and also was 10 months behind in child support and she was submitting the daycare expenses to FRO to action payment proceedings. She contacted FRO and was told that she could submit the arrears for daycare and they would go after him with a licence suspension and garnish wages. He works for the military and they take a very dim view of non paying Dads. FRO actually started the process ( new contact person, and he was really good) his name was sent to the Credit Bureau, so that seem to wake him up.
Suddenly all was paid! Money sent thro FRO to her and then an interact payment of all the daycare fees arrived. Great ? Well now the problems begin.
He did not check about exactly how much he owed for CS and in a previous email she had mention it was over $3000 owing so he overpaid to FRO for CS. He did not bother to do the calculation himself. He was furious, blaming her that FRO now had held onto the overpayment to cover the next 2 months. So now he has decided she is too blame and he does not trust her sending the invoices from daycare to him. He has now emailed Mom,and informed her that he wants to receive the past, present and future invoices directly from the daycare provider. Until he has access to the daycare account he will not pay anymore daycare fees. His reason, " you could have tampered with the invoice". He contacted the daycare provider, he has been given all this information previously, and asked to receive past invoices and in future the monthly invoices and he would pay what he decided to pay directly to the daycare provider. They informed him, that as the contract was with Mother not him, they could not do this without her permission and also that this would be a lot of extra work for,the clerk and not something they usually do. They can send him a copy of the tax receipt which will have total amount charged in the year, which he could check against total he had been given by Mom.
He contacted Mother and informed her of the communication he had with the accountant at the daycare. She declined to give him access to the daycare account, as it contains her private billing information such as visa number. In November The daycare service went paperless and you log in each month and retrieve your latest invoice. Again all your personal information is in this account. So in November the invoice was downloaded and forwarded. The Dad paid it along with the arrears No problem. Now he has suddenly decided he wants more control and wants to get the invoices from source and initially said he also,wanted to pay the daycare directly. He said it was in their agreement and in The Family Law Act that this is how it done. It is not in the agreement and I checked the FLA and could find any reference to this. The agreement states that section 7 expenses shall be paid proportionate to their incomes.
He then sent a full copy of the custody agreement to the secretary saying he had shared custody and therefore was entitled to get all invoices directly from them, not through Mother as he had been doing so up to now. The agreement actually states that they have Joint Custody and the child resides with the Mother. But not sure what he thought sending this document to the secretary would achieve, only to embarrass himself, as it refers to his problem with alcohol.
So question?
How do we handle this?
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