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FRO enforceablity

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  • FRO enforceablity

    There have been previous posts regarding FRO's inability to enforce collection of section 7 expenses when the separation agreement states that each parent will pay a certain proportion of percentage of the expense. When this is the case, what is the remedy?

    In this instance, ex is to pay a fixed percentage of actual university tuition (as agreed upon in the separation agreement), but is refusing to do so, despite receiving the paid invoices. How would I proceed to get it enforced by FRO?

  • #2
    You fill out a statement of arrears with FRO outlining the expenses.

    There is a caution though...the expenses must be eligible expenses. Things like tuition, books etc. You canít claim things like video games, irrelevant electronics etc.

    You need to also consider the childís contribution to the expense if it is outlined in your agreement. This could be either the total of the grants or 1/3 the eligible costs.

    Have they stated what they disagree with? Why they wonít pay the costs?


    • #3
      Thank you for the response Rockscan.

      The expenses we are expected to share are explicitly stated in the separation agreement. University tuition is one of those expenses, and it is laid out similarly to what you have suggested in your post-secondary posts; child pays a third, parents each proportional to income etc.

      Ex is totally incommunicado as to the reasons why, except he now generally seems to feel that what he originally agreed to is unfair. He's made several unilateral adjustments already (which I posted about previously) and I can't get the adjustments specified in the agreement to be enforced by FRO.

      So you are saying FRO can enforce the contributions to tuition even though it is a percentage of an amount that was not yet known when the SA was signed? I had thought they could only enforce an absolute number.


      • #4
        If you file the statement of arrears you can submit your calculations in a document with it and the receipts. FRO will then add it to his account for enforcement and send him copies.

        He could reject it by filing a formal objection but will need a legitimate reason why. Depending on your caseworker and the wording in your agreement, it may not work.

        Barring that, you would need to file a motion to change but with your current agreement being so recent that also may not work.

        If he is successful in getting it rejected AND you can afford it, wait a year or two and file then. Still send him the repeated requests for his contribution but keep it logged. Still file everything with FRO as well.

        While he may think he is successfully screwing you by not paying because he doesnít agree with what was signed, eventually he will have to pay and it will include your legal costs if he continues to be stupid.


        • #5
          Thank you! So nice to hear a voice of reason!


          • #6
            Rockscan is correct. Mine is laid out with a specific percentage and Iíve had no issues with FRO accepting my receipts of costs outlined in the agreement.


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