Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
Thread Tools
  #11  
Old 05-21-2019, 03:25 PM
imadad imadad is offline
Junior Member
 
Join Date: Aug 2018
Posts: 16
imadad is on a distinguished road
Default

Quote:
Originally Posted by rockscan View Post
Yes cs would normally stop while he is away from home. This was what my partners lawyer said too.

As for FRO and disputing it, did they send you a statement of arrears or anything? I would still call and speak to a supervisor about their calculation and attempt to dispute it. Yes you are going to court but they should have provided paperwork on it.

Im not going to sugar coat it, by not filing anything until now you dug this hole. Getting out of it wonít be pretty. At this point, you will need to demand full documentation from your ex on all the school costs to calculate it properly. You need to get in front of a judge. Regardless of what your lawyer said, it should have been done once your kids stopped living with her.

Check on what your agreement said as that will need to be shared with FRO as part of the dispute. As an example, my partners ex filed a statement of arrears for section 7 expenses. He got this document with the receipts attached. Their agreement said he would pay a proportionate share of the expensesónot dollar amount. He called his caseworker who told him he needed to file a formal letter of dispute. He sent a letter by fax with a copy of the sections of their agreement and outlined that a) the agreement did not specify an amount and b) the expenses were not s7. After a few months FRO withdrew the expenses.
yes FRO sent me a statement of arrears along with the receipts that she sent them. I am not necessarily disputing the amounts but just that the RESP funds should have covered my portion as I contributed to the fund monthly for 14 years.

i am starting to get a little nervous now with what you are saying but Im pretty sure I have solid reasons for not paying. I guess its going to come down to what a judge thinks though unfortunately.

I mean if the judge denies my request then not only did she use RESP funds to pay for the whole cost of his year - she now wants me to give her half of those expenses out of my pocket which would go directly into hers. And on top of that - she would be getting full table support from me even though he didnt live with her and she didnt have any out of pocket expenses for the year since residence was covered by the RESP funds. And all from RESP funds that Im pretty sure were mostly, if not completely, funded by me.
Reply With Quote
  #12  
Old 05-21-2019, 03:56 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,525
rockscan will become famous soon enough
Default

Sitting and bitching about the unfairness will get you nowhere. She did what she did and you did what you did, now it needs to be fixed.

Even if you contributed to the RESP and paid CS, your agreement still said something to the effect of you will pay half the costs. Technically she is in the right to have filed the expenses and you were in the wrong for sticking your head in the sand. Time to man up and fix this problem.

Your argument back on school costs is this: your son went away to school, your son should have applied for OSAP to be eligible for grants, you paid into an RESP which was used for his expenses. Bottom line, she is double dipping.

In your motion to change you request cs to be updated for the other kids retroactive, cs to be terminated for your son for 8 months of the year (retroactive) and that school expenses be calculated as the net cost, grants and awards less the cs paid and a share of the RESP, with the remaining calculated proportionate to income. You also demand that she provide full details on said loans and grants as well as proof of what was withdrawn from the RESP.

A caveat though...she may argue that the RESP is kids portion of the expense, that the RESP is for all the kids or that it is her portion. Depending on what your agreement says, she may get away with this argument. This is where your proof comes in.

Your case is stupid and ugly and could have been fixed years ago. Lawyers really donít know what to do with FRO and there should be a mechanism in place to update properly.

Roll up your sleeves because you have got some serious work to do.
Reply With Quote
  #13  
Old 05-23-2019, 09:59 AM
StillPaying StillPaying is offline
Senior Member
 
Join Date: Jun 2018
Posts: 175
StillPaying is on a distinguished road
Default

I was in a similar situation. File your motion to change right away and then talk to FRO to let them know what's happening. You'll have to follow up after each court appearance, but this should allow them to hold off on any enforcement actions. Explain your situation at the conference and you may be able to get a without prejudice suspension on that s7 expense until motion as regular support is still being paid.
Reply With Quote
  #14  
Old 06-03-2019, 10:56 PM
imadad imadad is offline
Junior Member
 
Join Date: Aug 2018
Posts: 16
imadad is on a distinguished road
Default

So just wanted to update that I was granted my motion for a refraining order so my drivers licence isnt going to be suspended !

Not much but its a start so now its on to the next step which I was told was to fill out a General Application (Form 8) instead of a motion to change. Was told this is because I am working with a separation agreement rather than a support order and also because I am looking to change things other than just CS.

The duty counsel that I was talking to and who represented me in court seemed to think it is pretty ridiculous that my ex is trying to get me to pay for half of the school expenses while they were already paid by the RESP so that made me feel better about my case.

So now I just have to decide exactly what I am going to ask for in my application.

I have a question first though for someone who may know - there is a clause in my separation agreement that states that I have to pay support until one or more of a bunch things occur and one of those things listed is that my son reaches the age of 21.

So does that mean I can stop paying support once he reaches 21 even if he is still going to school full time ? And if that is the case does that also include not paying for anything else as well such as his schooling ?

Not saying I wont help out but if i can do it on my own terms and not on the terms of my ex then I will be a happy camper.
Reply With Quote
  #15  
Old 06-04-2019, 07:07 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,525
rockscan will become famous soon enough
Default

No, she can respond she wants continued support until he is done school.

My husband has a similar clause but his lawyer said he will be ordered to pay cs until kids are finished school.

You have a change though. He is not living at home and if he stays at school the cs is not paid.
Reply With Quote
  #16  
Old 06-08-2019, 11:57 AM
imadad imadad is offline
Junior Member
 
Join Date: Aug 2018
Posts: 16
imadad is on a distinguished road
Default

Rockscan - would it be better or more reasonable to not ask for cs to stop when my son is away at school but rather have the cs paid be applied to my portion of his residence fees ?

I am having some difficulty deciding exactly what to ask for since i dont want to seem unreasonable and want the best chances to be granted what i want.

The main things that i am looking for are -
1) to have the RESP fund be applied equally to my portion of my sons education and to my ex wifes portion - right now she doesnt think i should get any of it applied to my portion
2) the amount that i have in arrears be wiped clean which should happen if #1 is granted
3) and to have cs stopped while he is at school or to have cs paid go towards my portion of his residence fees

There are a few other minor things like having a full accounting of the resp funds and how they are used which i dont get right now because the funds are not in my name.

I dont think any of what i want is unreasonable or unfair and actually the way it is now is very unreasonable and unfair.

Also what are the standards when it comes to co-op work terms ?

My sons program has a couple of semesters that are work terms along with a full year (3 semesters in a row) of co-op work term and just wondering if cs should be paid during these terms.
Reply With Quote
  #17  
Old 06-08-2019, 02:10 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,525
rockscan will become famous soon enough
Default

Who paid into the RESP? The two of you or her? If you both paid into it then she should be providing the total balance.

If she paid into it only then technically it is for her portion HOWEVER if she used all of the RESP funds she canít say here is your bill because it is already paid. Technically you pay your proportionate share of what is owed. Otherwise she is double dipping.

Bottom line, if you know the RESP was completely used then I would be asking for full disclosure.

As for cs, if he is living away from home you are responsible for a portion of his living expenses while at school and should not be paying cs during those months. I would look at the months he was away at school and the months he was at home and ask to pay the 12 month average of the total for the months he was home. For instance, if he is home four months and you pay $500 a month, you divide $2000 by 12 and thats your monthly amount going forward but if it was last year you owe $2000.

If his work terms/co-op is being done while living at moms then you owe cs for those months.

Does that help?
Reply With Quote
  #18  
Old 06-08-2019, 02:35 PM
imadad imadad is offline
Junior Member
 
Join Date: Aug 2018
Posts: 16
imadad is on a distinguished road
Default

I contributed $100/month into the RESP for 14 years and to be honest, i dont know if she even contributed a single cent into it as i havent seen a statement of the account.

The account is in her name only as per our separation agreement and she has not sent me a statement even though i asked her for one.

She did tell me the balance of the account last August which was over $40000 and used up about $15000 of it to pay for all of my sons first year expenses.

She is absolutely double dipping as she paid the full amount of the years cost with the RESP and still wants me to pay her for half of those expenses.

And on top of that she still wants full cs paid even though he is staying in residence and that was also part of the $15000 paid from the RESP.

i agree with your calculation on the amount of cs that i should be paying and in fact I even offered to pay her for 5 months of cs instead of 4 and she wouldnt go for it.

The way you calculated cs - is that pretty much a standard thing when the child is staying at school rather than staying at home ?

Just wondering how likely a judge is to agree with it before i ask for it.
Reply With Quote
  #19  
Old 06-08-2019, 02:44 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,525
rockscan will become famous soon enough
Default

Do you have proof of your payments and/or anything in writing that you were required to pay that amount?

I canít say what a judge would do but in my husbands case the RESP they jointly contributed to was taken of the parents share and his RESP he opened himself was used for his portion.

CS is not normally paid according to my husbands lawyer. He said only in special cases he has seen of high income earners and that was for a custodial parent who had a much smaller income. Its reasonable for you to argue to not pay when you are contributing to his living expenses elsewhere.

I would request disclosure of the RESP and see what was withdrawn.

I cant remember, have you filed your motion yet?
Reply With Quote
  #20  
Old 06-08-2019, 02:45 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,525
rockscan will become famous soon enough
Default

Meant to also add, make her an offer in line with the law and donít worry if she accepts or not. If she doesnít and then pushes this to trial and loses, you can argue for costs. Shes being completely unreasonable.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Steps after filing a Motion to Change 15/15A sprdad Divorce & Family Law 6 04-30-2019 01:25 PM
filing form 15B RESPONSE TO MOTION TO CHANGE blue_dream1963 Financial Issues 3 09-06-2018 06:25 PM
Notice of address change WorkingDAD Divorce & Family Law 8 10-16-2014 03:04 PM
Change of court proceedings/date without notice??? Frustrated_DAD Financial Issues 3 07-29-2011 11:11 AM
When does Notice of Change of Representation take effect? independentgal Divorce & Family Law 4 02-06-2009 09:11 AM


All times are GMT -4. The time now is 01:08 AM.