Background:
Daycare is required for B2 1/2 for Mom to work
It was agreed by email. that each month daycare invoice is forwarded to Dad and he would remit his portion by 15th of each month. Daycare issues a receipt monthly by email ( pfd document). Daycare provider have said they cannot Issue 2 receipts despite being asked on numerous occasion. But will send a year end summary each January to allow verification of invoices sent.
NCP did not pay for 8 months and then paid the arrears after many request from Mom through email and her lawyer at that time, which of course cost $$$.
Now Dad has again ignored the expense and now not paid for past 10 months.
His reasons:
1. citing his belief Mom has altered the invoices, which is completlly unfounded
2. he then decided he was not in agreement with child being placed in daycare.
3. finally because he has legal bills of his own to pay and feels that he will wait until the total owing in daycare equals his legal bills and then he will consider that debt paid by Mom. ( yes he actually wrote that in an email)
Each month Mom has forwarded the invoice received from Daycare provider and outlined the agreement clause, the calculation of proportionate amounts due and noted the arrears balance. The email is factual and polite. Requesting Dad provide confirmation of intent to pay.
Each month it is ignored with the exception of the 3 emails citing his reasons why he is not paying.
So next steps, because the amount is growing and the financial strain on Mom is becoming an issue.
As with many SA the clause regarding Special Expenses is vague. States the expenses shall be paid in proportion to income. NOA are exchanged for this purpose. With the typical vaque clause it is doubtful FRO will do much. But Mom has faxed an Statement of Arrears and supporting documents ( Invoices and NOA plus a spreadsheet with all calculations made) with the hopes that Dad will receive notice from FRO and realise this is not going away.
Now need to decide on next step.
Mom wants to change the clause on Special Expenses and add that with regard to daycare expenses a set amount will be collected through FRO each month and a yearend adjustment will be made for under or overpayments. So based on average monthly daycare and Dads annual income $x will be paid.
So question: what is the best route to take?
1. Send Dad Form 15C Consent Motion to Change then submit to court with a 14B Motion form which is sent to Dad and hopefully he will consent. If he does not consent then what? Proceed with Serving court priceedings with a Form 15?, using all the previous documentation as proof of due diligence in requesting the payments.
Or
Knowing he will not consent:
2. File Form 15 Motion to Change and Form 15A Change of Information Form plus supporting documents to family court office and have these document served to Dad with a consent form attached in case he has second thoughts on this. In which case is that the Form 15 C and Form 14 B as well?
Daycare is required for B2 1/2 for Mom to work
It was agreed by email. that each month daycare invoice is forwarded to Dad and he would remit his portion by 15th of each month. Daycare issues a receipt monthly by email ( pfd document). Daycare provider have said they cannot Issue 2 receipts despite being asked on numerous occasion. But will send a year end summary each January to allow verification of invoices sent.
NCP did not pay for 8 months and then paid the arrears after many request from Mom through email and her lawyer at that time, which of course cost $$$.
Now Dad has again ignored the expense and now not paid for past 10 months.
His reasons:
1. citing his belief Mom has altered the invoices, which is completlly unfounded
2. he then decided he was not in agreement with child being placed in daycare.
3. finally because he has legal bills of his own to pay and feels that he will wait until the total owing in daycare equals his legal bills and then he will consider that debt paid by Mom. ( yes he actually wrote that in an email)
Each month Mom has forwarded the invoice received from Daycare provider and outlined the agreement clause, the calculation of proportionate amounts due and noted the arrears balance. The email is factual and polite. Requesting Dad provide confirmation of intent to pay.
Each month it is ignored with the exception of the 3 emails citing his reasons why he is not paying.
So next steps, because the amount is growing and the financial strain on Mom is becoming an issue.
As with many SA the clause regarding Special Expenses is vague. States the expenses shall be paid in proportion to income. NOA are exchanged for this purpose. With the typical vaque clause it is doubtful FRO will do much. But Mom has faxed an Statement of Arrears and supporting documents ( Invoices and NOA plus a spreadsheet with all calculations made) with the hopes that Dad will receive notice from FRO and realise this is not going away.
Now need to decide on next step.
Mom wants to change the clause on Special Expenses and add that with regard to daycare expenses a set amount will be collected through FRO each month and a yearend adjustment will be made for under or overpayments. So based on average monthly daycare and Dads annual income $x will be paid.
So question: what is the best route to take?
1. Send Dad Form 15C Consent Motion to Change then submit to court with a 14B Motion form which is sent to Dad and hopefully he will consent. If he does not consent then what? Proceed with Serving court priceedings with a Form 15?, using all the previous documentation as proof of due diligence in requesting the payments.
Or
Knowing he will not consent:
2. File Form 15 Motion to Change and Form 15A Change of Information Form plus supporting documents to family court office and have these document served to Dad with a consent form attached in case he has second thoughts on this. In which case is that the Form 15 C and Form 14 B as well?
Comment