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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 04-14-2015, 05:20 AM
North of 40 North of 40 is offline
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Morning,

Sorry if this was posted earlier. Tried to search it.


I pay my ex monthly checks. Never late, never missed , never bounced.

Herein lies my question....ex is supposed to pay the set off amount of simple extra curricular i.e swimming lessons. She refuses...makes up some excuse..whatever. When I tell her I'd like to take it off her monthly income...she threatens me with FRO.

Can she arbitrarily go to FRO? We don't have a signed separation yet..Almost, but not quite there.




Thanks in advance,
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Old 04-14-2015, 07:35 AM
rockscan rockscan is offline
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If you have any kind of an order for support, she can go. Im not sure if that includes interim orders or not. I think it does based on info on their site. If she continues to behave this way, when you work on your final order, make sure the wording on the extracurricular is specific to this in the sense of its not her paying you, its you paying a portion. When she goes to FRO, you will just pay your portion.

Do you pay for s7 up front because she wont do activities for the kids without you registering? If yes, you may have to bite the bullet now, track everything and try to get it back in the final order.
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Old 04-15-2015, 05:39 AM
North of 40 North of 40 is offline
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I just sign the kids up after asking her. So for example soccer, hockey what ever. I end up paying because I just get some bs excuse and I want the kids to enjoy activities. Just go a little farther in debt. Then if I threaten to file a motion to get the money, she just says 'it's her time she can decide to take them or not'. Kids are split 50/50.

Basically, I'll be serving a six and ten year sentence until both are in University. I don't expect my ex to pay any of those costs either.
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Old 04-15-2015, 07:35 AM
rockscan rockscan is offline
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Whats in your agreement regarding those costs? The S7 for sports can be disputed in the sense of she didnt really agree. Post secondary costs are a whole other beast. She cant really say no at that point.

What do the kids think about it?
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Old 04-15-2015, 08:47 AM
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blinkandimgone blinkandimgone is offline
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If he asks her and she agrees, that's consent. You could try pushing her to pay the provider directly. Let her know how much her proportionate share is and to whom to make the payment by XX date.
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Old 04-15-2015, 09:05 AM
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Blink, he didnt say she consented. He said he asks her and then signs them up. If she doesnt actually provide written "yes I consent" or whatever then shes got a loophole. Or several loopholes. And when youre dealing with a shifty person, you need a concrete response.
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Old 04-15-2015, 01:28 PM
Serene Serene is offline
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I'd just reduce your next payment of support by the amount she owes you. Let her raise a motion if she wants to about it. Me thinks she won't.
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Old 04-15-2015, 01:43 PM
Straittohell Straittohell is offline
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Even better, let her register you with FRO, and the second that she opens a file, stop paying her support directly. Take the money and stash it away until FRO is ready to receive it from you. Let her stew for a few months while the wheels grind slowly, and patiently explain to her that you simply can't pay her directly anymore since you now have to wait for FRO to give her the money.
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Old 04-15-2015, 02:45 PM
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arabian arabian is offline
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FYI - either party can register with maintenance enforcement agency (FRO, MEP). Doesn't have to be the recipient.
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Old 04-17-2015, 10:45 AM
Gilligan Gilligan is offline
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I would agree, let her file with FRO... It's a slow system and not always the best, but at least you have a record of payment and there can be no more "threats".

I have a question along the same lines... I do not have a great contact at FRO unfortunately. Based on my case worker, only the support RECIPIENT can make a claim for Section 7 expenses. So, if I am the PAYOR and the support RECIPIENT is not paying their court ordered Section 7 expenses, can I submit? According to FRO, I have no recourse other than going back to court.
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