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Late CS Payments - FRO or court motion?

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  • Late CS Payments - FRO or court motion?

    Ex has not made a single CS or s7 payment this year. We had opted out of FRO - should I file with FRO, or do a court motion? Our separation agreement doesn't have a clause for interest on late payments, hence why I am currently leaning for motion with costs.

  • #2
    File with FRO.

    If your agreement says nothing about interest you canít claim it without an order and you will pay more than you will receive.

    As part of the FRO filing you can outline when they stopped paying.

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    • #3
      COVID is a BIG problem for some.....try the soft touch with them if it can't be resolved then definitely do the FRO.

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      • #4
        FRO usually only takes stuff that has been agreed upon or ordered for them to enforce. If you have nothing explicit to FRO from the agreement or court order the other party can easily have FRO stopped from collecting the funds.

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        • #5
          File with FRO.

          Costs at a motion are to indemnify (partially) for legal fees. Not to make more money than you spent getting through the motion.

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          • #6
            Calling FRO is pretty much free so......that sounds better than court.
            For whatever reason I was asked to enroll in FRO from the start and I was fine with that but they really don't help the payor at all which is stupid.
            I asked them to enforce something as a payor and they didn't.

            https://www.ontario.ca/page/paying-a...pousal-support

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