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  • Court Order and FRO

    Went to trial in Nov. 2010
    Judge ordered "Section 7 expenses shall be shared proportionate to income. The current ratio is 70.1% Respondent, and 29.9% Applicant. Based on the Section 7 and Child Support Guidlines, Respondent owes $1030.00 to the Applicant for the period of - 10 months......SDO to issue"
    Two points later "Section 7 expenses shall be discussed between the parties. Neither party shall unreasonably withhold their consent to such expenses. If they cannot agree, they shall attend mediation before any court proceedings"
    I am the Respondent.
    The Applicant asked for approx $3,300 in Section 7 expenses for the period in question. I did not disagree. During trial the judge agreed with all my numbers and calculations using the SSAG software, and awarded the amount of $1,030 as it took into consideration the tax rebates etc that she will get as the "primary" parent.

    I did not recieve any reciepts for Dec 2010, Jan 2011 or Feb 2011, but based on the previous calculations, I saved $100 per month to cover the cost that I was expecting to pay.
    I get a notice from FRO claiming that I owe over $700 in "arrears" of Section 7 expenses. I wasn't asked about the expenses nor was any of the process followed for discussion or mediation.
    FRO says that they are just following the court order. I saw in the support guidlines that the amount should be net of deductions etc, but it does not say that in the court order.
    Due to the situation we find ourselves in, the court has told us not to bring any more motions in this case because of the amount of time we have spent in court.
    I currently have 50% of my net pay deducted now.
    I was also under the impression that FRO could not become involved unless there was a specific amount to be paid every month. That is to say, they don't deal with percentages due to the "net" factor. Can anyone shed some light on that and offer any other advise?

  • #2
    "Judge ordered...Respondent owes $1030.00 to the Applicant for the period of - 10 months......SDO to issue"
    So...you've been ordered to pay $X/month child support + $Y/month for ongoing S.7 expenses + $175/month (for 6 months) for S.7 arrrears = $X+Y+175/month ... And you are four months in arrears for the $175/month? Am I understanding your question correctly?
    Far as I can determine from what you've written, that's what is expected of you. But can't FRO clarify it? (Ah yes, the "pleasures" of trying to get through to FRO).
    Sorry I can't help you more.

    Comment


    • #3
      Let me clarify..
      The $1000 in arrears was for the period of Jan 1 to Oct 30, 2010.
      That amount is in the hands of FRO and is being paid as it should be...No issue.
      This amount was calculated at a 70% of the "net" amount that was presented to the court.

      Moving forward, I should be paying 70% of the "net" amount.
      The ex has submitted reciepts directly to FRO, bypassing me, and has asked for essentially 70% of the "gross" amount.

      FRO's position is that the order "does not specify it should be the "net" amount".

      The EX is just playing the game.

      My position with FRO is that the order also states that we will discuss the expenditures prior to the spend and if there are issues, mediation will take place.
      My other point to FRO is what is to stop her from having friends writting reciepts and just submiting them to FRO to have them collect money from me that is not actually owed?

      Comment


      • #4
        Huh...

        Wonder how your ex arranged that with FRO! During my dealings with FRO, they will only collect for S.7 expenses if a court order sets out a specified amount each month, like (for example):
        $400/month child support
        $100/month S.7 expenses (for...ongoing prescription drugs and dental)
        $100/month for 6 months until arrears paid
        --------
        $600/month for six months
        Once arrears paid off, then $500/month
        Any additional S.7 expenses to be agreed upon and payment made directly to other parent. Don't know how she managed to bypass you.
        So, you pay your monthly child support and an amount each month for the arrears and she sent in S.7 receipts to FRO and FRO is telling you to pay your share of the receipts that you didn't see and agree to?

        Comment


        • #5
          Now you have the picture.
          I was under the impression that FRO could only deal with S.7 expenses if they were a set amount every month but I can't find that info anywhere.

          Comment


          • #6
            Finally, a good decision by FRO

            Just heard today that FRO will not be getting involved with us and trying to collect outragous Section 7 expenses.
            I can only assume that someone figured out that there is a lot more to it that just saying I have to pay 70% of an invoice that she sends into them.

            Comment

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