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

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  #1  
Old 08-04-2016, 12:48 PM
concerneddad32 concerneddad32 is offline
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Default FRO - arrears

So my ex pulled a great one this week!
I received a letter from FRO with a $4000+ in arrears in extra ordinary expenses.
So I am up to date paying an extra $200+ a month in child support, with a verbal agreement not to lower in and she would cover the daycare costs (stupid mistake I know trusting an ex wife!)
So in this letter from FRO she quotes our old court number, and attached are receipt from Sept 2015 onward for daycare costs and a swimming cost(which I paid my portion of already). So now FRO wants to garnish my wages if I can not prove I paid them!
I understand it's more then likely I will have to pay for them, however she NEVER ONCE gave me a invoice for these previously, and now FRO want to take 50% of my pay until this is caught up!
Can they do that? I mean she Hoarded these receipts for a year, and now I have to pay them in next two months? and all my other bills suffer?
Anyone have any advise of how to go about not paying this large sum immediately?
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Old 08-04-2016, 01:23 PM
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blinkandimgone blinkandimgone is offline
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Speak to FRO, they can help make payment arrangements that you can afford. Provide them with proof of payments for what you have made - hopefully you paid by cheque or email transfer with notes on each for what the money was for.

Keep in mind that for daycare the out of pocket expensr is what gets shared - after tax credits applied - and it gets shared proportionate to income or in a specific amount detailed in your last written agreement.

Get on top of having a new agreement made so this doesn't happen again in the future.
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Old 08-04-2016, 01:26 PM
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Call FRO. You can reject this arrears statement. Then you need to advise your ex that the calculations were wrong and she will need to resend them. Remind her that you pay net cost of the expense (total less the tax benefit and any subsidy you know of). If she is getting a set amount monthly for this expense, that comes off the bill too.

Once you reach your caseworker they will help you out. They have to send that letter to you as per their rules. Deep breath, pick up the phone, get to work.
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Old 08-04-2016, 03:28 PM
concerneddad32 concerneddad32 is offline
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how do I determine how much tax benefit needs to be deducted, because part of my order is that I am to pay ANY daycare and physical activities directly to the provider in order to use it for tax purposes!
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Old 08-04-2016, 03:40 PM
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So the order states you pay the daycare? Then why is she getting receipts to submit to FRO?
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Old 08-04-2016, 03:42 PM
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Does your order also state you have to agree in writing for activities? If yes then you can also reject the swimming if she didnt ask you in advance.

FRO only goes by what they are told, if you reject the submission they dont do anything further. You will need to send them a letter laying out why you object to the expense and quote your order items directly. For instance "as per item 5 on page 7 of the order on file, I am to pay for daycare costs directly to the provider" etc.
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Old 08-04-2016, 03:46 PM
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the order states "7. Section 7 expenses for the children shall be consented to prior to being incurred and consent shall not be unreasonably withheld. Advance notice of 30 days requesting any proposed section 7 expense to be given regarding new expenses. Any existing daycare and section 7 expenses shall be reimbursed by the applicant to the respondent within 14 days after receiving receipts/invoices from the Respondent"
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Old 08-04-2016, 04:17 PM
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Ok so you pay her the net cost of agreed to expenses AND daycare. You have to agree to daycare, the rest is up to you.

Reject the items with FRO. They will tell you how. Then use an online tax software to figure out the daycare tax deduction and reduce the amount by that. Theres a few people on here who can advise. Then advise your ex you have rejected the amounts provided to FRO (confirm with them they have, it takes about three months or so) and that you will provide her with the amount owing.

Do it all up in a chart. Months owing, tax deduction, total amount owing etc.

Also, if you decide to pay for the swimming, find out if the healthy activities tax credit is still available.

If she refuses your cheque, then she will need a new order to get the money.
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Old 08-05-2016, 03:39 PM
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All my ex did was advise FRO that he did not "agree" to these expenses and object to them. They won't enforce agreements that are worded "consent unreasonably withheld" and no fixed dollar amounts.

Of course, if you don't object, they'll consider them valid and enforce. But, if you object it will all go away and she'll have to file in court. That's what I had to do.
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Old 08-05-2016, 06:11 PM
Beachnana Beachnana is offline
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With FRO you need to be persistent and accurate and super friendly with your client advisor.

Make sure you fax your objection with your name,case number and both your names clearly stated on the cover page. Then follow up with the hard copy. Go online and look up FRO and see if they have a form for your suitation. If so complete it carefully.

This seems to be a mess, so why don't you file a motion to clearly state what your obligations should be. You need specific dates and amounts.

And everything is calculated after tax benefit has been applied. If you have 2015 tax returns you can calculate her taxable allowance % yourself. If not then assume 30% which is a reasonable amount.
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