My brother has in his agreement (which is filed with the courts) that he is responsible for 70% of Sect. 7 & his ex 30%.
It clearly states in addition to the normal medical/dental, school expenses that the kids' current Section 7 are hockey & cheer. He is responsible up to $5,000/year for hockey and the same for Cheer.
He normally pays it all and then ex reimburses him her 30%. This past year the amount is FAR under the $5,000 cap. It's probably closer to $1,000 per kid.
6 months ago she stopped paying at all. He found this out when his daughter was scheduled to go to a competition out of town and they informed her that the account was not paid so she couldn't go. My brother went and paid the 30% that his ex should have so that his daughter could go with the rest of the team. Ex has no reason other then "I refuse". So he filed with the FRO to get them to enforce CS which they have been doing and he also filed a Statement of Arrears for the Section 7 items. After 6 months of them requesting this or that documents they are now saying that he needs an order from the court to enforce the amounts.
So I'm trying to help him figure out what is the easiest way to go about this.
Does he file a motion asking for a Support Deduction Order for $_____ along with an affidavit and the receipts attached as exhibits? And how does he word it so that 6 months from now this doesn't happen again, also what is the correct form(s) to use?
TIA
It clearly states in addition to the normal medical/dental, school expenses that the kids' current Section 7 are hockey & cheer. He is responsible up to $5,000/year for hockey and the same for Cheer.
He normally pays it all and then ex reimburses him her 30%. This past year the amount is FAR under the $5,000 cap. It's probably closer to $1,000 per kid.
6 months ago she stopped paying at all. He found this out when his daughter was scheduled to go to a competition out of town and they informed her that the account was not paid so she couldn't go. My brother went and paid the 30% that his ex should have so that his daughter could go with the rest of the team. Ex has no reason other then "I refuse". So he filed with the FRO to get them to enforce CS which they have been doing and he also filed a Statement of Arrears for the Section 7 items. After 6 months of them requesting this or that documents they are now saying that he needs an order from the court to enforce the amounts.
So I'm trying to help him figure out what is the easiest way to go about this.
Does he file a motion asking for a Support Deduction Order for $_____ along with an affidavit and the receipts attached as exhibits? And how does he word it so that 6 months from now this doesn't happen again, also what is the correct form(s) to use?
TIA
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