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  • Ex refusing to pay CS

    Wondering what the options are....
    Employment situations changed for both parties. I was laid off and she quit working by her own choice. Upon review, I was over-paying CS for many years. Thru mediation a repayment schedule and new CS guidelines were set. Most of the over-payment was repaid, some still to come. She now is to pay me CS until income taxes are reviewed in the middle of the year. Then CS to be reviewed. Agreement to withdraw from FRO was done. Settlement agreement was witnessed and signed by both parties. She was supposed to submit it to court, but didn't. She was paying for months and now is in arrears and refuses to pay CS, and probably won't pay the last installment of the over-payment. The CS she owes me isn't that much and the last installment a few grand. It's not worth spending lots of $$$ on a lawyer to pursue. FRO will charge $100 to reinstate, but needs a court order. Is there some self directed path to pursue? Suck it up and take the loss?

  • #2
    If you have an endorsed agreement then that should be taken to FRO to be implemented. It would be a new order.

    Go to the courthouse and see about turning it into an order for FRO.

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    • #3
      What makes a signed Minutes of Settlement and Agreement endorsed?

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      • #4
        From what I understand (and I could be wrong), a signed agreement is considered an order once it is filed/endorsed by the court.

        Go on the FRO site and look up getting support payments. They outline how to turn the agreement into an order.

        Even though you went through FRO before, you have to re-register the new order.

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        • #5
          Thanks. So, I have to get the agreement filed. Will look into that.

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          • #6
            Ya Im not sure how to do all that but people here have said “go to the courthouse”.

            I believe you can also fill out a form for arrears and put in what is owed. Your ex will be able to dispute it but if the amount is listed in the agreement (ie: ex will pay $1000 to the recipient) then they will have a hard time proving it was paid if they didnt pay it.

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            • #7
              FRO is only concerned with support payments correct? They don't/can't enforce agreed re-payments do they? Having the agreement endorsed still won't make the other party pay up?

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              • #8
                If you have an agreement that outlines support owing and an amount, they will enforce it.

                For instance: Betty will pay Fred $5000 in arrears for the years 2016-2018 and then ongoing monthly support of $500 beginning January 1, 2019.

                Let’s say Betty paid $2500 and refuses to pay the January amount.

                You file the order with FRO and do a statement of arrears with the remaining $2500 owing on it. FRO will then enforce the arrears AND the ongoing monthly support.

                They WILL NOT calculate interest, percentages or estimates etc.

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                • #9
                  Great, Thanks for the info.

                  Comment

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