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  • Arrears and 'Severability & Costs'

    Question.....

    ARREARS: total is 9K,
    In the Offer, WHY is it written that arrears "shall be fixed as 6K payable by CERTIFIED CHEQUE WITHIN 15 DAYS of acceptance of offer"

    - Why not have it go thru the FRO since we are already in thru FRO for CS?
    - What is the catch?

    Also, I have a feeling x will reject offer if given 15 days. Is this practical?

    What are alternative clauses out there on this?

    WHERE DOES/DID THE remaining 3K GO?

    Next clause on arrears reads "Severability and Costs"; "x will pay y costs fixed at 3K within 15 days of acceptance of...."

    - Is this how arrears are delt with or is it assumed that I forgave the 3K?

    - Who decides what $ is cost? when? must you give a $ figure on Offer?

    Since it is not likely to recover cost, why is it taken out of my arrears?

    Can one ask for arrears to be paid without asking for 'Severability & Costs' ?



    I am very confused on this one.

    Thank you very much.

  • #2
    inlimbo,

    as you mentioned,

    In the Offer, WHY is it written that arrears "shall be fixed as 6K payable by CERTIFIED CHEQUE WITHIN 15 DAYS of acceptance of offer"
    the keys word in that statement are SHALL BE FIXED. It appears they are proposing to fix the accumulated arrears at 6K. nothing more, nothing less.

    - Why not have it go thru the FRO since we are already in thru FRO for CS?
    - What is the catch?
    I think the catch is you would get their offered amount of arrears (6K) in a lump sum, where as if the matter goes through FRO, they may be permitted to negotiate a payment schedule at their discretion for same until the arrears is paid.

    What are alternative clauses out there on this?
    Have the full 9k of arrears paid by certified cheque.

    WHERE DOES/DID THE remaining 3K GO?
    It appears the are relabeling the 3K under "Severability and Costs" clause, however if you agree to this you may be given up some of your rights.


    Can one ask for arrears to be paid without asking for 'Severability & Costs' ?
    Yes. you already have accumulated arrears most likely as a result of a previous court order or separation agreement. This is none issue. The amount is already outstanding. In essence the order or agreement has been breached.

    If you have to litigate further, most likely you will be succesful and you could seek costs of the action.

    If they are serious ain regards to settle the issues, then they should keep the arrears labelled at what it is in the full amount of 9K and get rid of the 'Severability & Costs' clause.

    You could also ask and insist that any arrears be paid through the FRO rather than a certified cheque.

    lv

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