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Child Support / Section 7 Expenses Questions

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  • Child Support / Section 7 Expenses Questions

    Hi all - first time poster, long time lurker.

    Question 1: Who is the party that updates the income amount with FRO? The Payor? If I send them his 2019 NOA to update the new income amount, is that correct? He will never do it as he hates having to pay it period.

    Question 2: The agreement that was signed in front of the judge last April 2019 states that he is to pay all reasonable section 7 expenses within 30 days. He is now refusing to pay any section 7 expenses on the basis that he does not approve of ANY Section 7 expenses (daycare, camp, reasonable extra curricular activities). The agreement is silent on sending these receipts to FRO in the event he does not pay directly to me. Do I need to go back and change the final order to reflect all Section 7 expenses will be paid through FRO? (FYI: I hold full and final custody, with reasonable access to him, he gave up all access March of this year, citing issues with his housing then COVID-19. I follow the order to the letter.)

    Thanks!

  • #2
    Child Support / Section 7 Expenses Questions

    Originally posted by BelleoftheBalle View Post
    Hi all - first time poster, long time lurker.

    Question 1: Who is the party that updates the income amount with FRO? The Payor? If I send them his 2019 NOA to update the new income amount, is that correct? He will never do it as he hates having to pay it period.
    FRO does not update income. They enforce agreements. If his income has gone up and cs needs to be updated you will need a new order. Either he agrees to a motion to change on consent or you have to go to court.

    Is it a big jump?

    Question 2: The agreement that was signed in front of the judge last April 2019 states that he is to pay all reasonable section 7 expenses within 30 days. He is now refusing to pay any section 7 expenses on the basis that he does not approve of ANY Section 7 expenses (daycare, camp, reasonable extra curricular activities).
    He has to pay daycare if it is required for you to work. Other expenses are a crapshoot if they weren’t listed in your agreement. If he didn’t agree to them in writing he does not have to pay. If camp was in lieu of daycare, it is section 7.

    The agreement is silent on sending these receipts to FRO in the event he does not pay directly to me. Do I need to go back and change the final order to reflect all Section 7 expenses will be paid through FRO?!
    For the daycare expenses you can provide a statement of arrears to FRO (check the forms section) outlining his share of the expenses. They will send that to him and add it to his account. The thing is, he can reject them with FRO which will require an order.

    You may need to file a motion to get him to pay which will be a long process. Your best option may be a letter from a lawyer at first and then if necessary the motion.

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