Announcement

Collapse
No announcement yet.

Forms to use for enforcement?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Forms to use for enforcement?

    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

  • #2
    He could do that, but my questions are:

    1) Did your brother and his ex agree that the child would be doing this specific activity?

    2) Does the court order specify that all the associated amounts are to be split regardless of agreement between the parties?

    I ask because if she can claim that the expense is reasonably beyond her and can't pay that is a valid reason. There will be things that kids aren't able to do post separation that they would have been able to do while their parents were together.

    My suggestion is that he send a registered letter to her (or her lawyer) and state that he is requesting the amount be paid, give a deadline for the payment and state that if the payment is not received that he is prepared (not going to, just in case he changes his mind) to file an application to have this and all future S. 7 amounts paid through the FRO and see what response you get. If you don't get a response then your brother has a choice to make. A motion can be expensive and you don't want to throw thousands of dollars so you can get hundreds back.

    Comment

    Our Divorce Forums
    Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
    Working...
    X