Support payable in US Funds

[Busch]

quick overview:


Separated 4 years
Court order created @ 2 years
Divorced 1.5 years
2 children
Ex income imputed at 38K for lack of true income statements.
Ex re-married and moved to US to be with new spouse.


Here are my concerns and questions. Before ex moved he was transferring CS biweekly via email transfer, and was very rarely late with payments. I was advised via a judge that FRO would only delay payments as ex is "Self-employed". I understood that and opted to not file with FRO, because payments had been consistent. Now that ex has moved to the US he has closed all Canadian Bank accounts, understandable. Makes sense to me. The US banks do not have the option of EMT, and CS is now being paid via cheque. Do I like this option? Not really, as I had to open a US FUND account, and am charged service fees. I also admit that I find it a pain in the you know what to physically have to go to the bank. However I do understand the circumstances, and at least I am getting support, even if I do find it an inconvenience, so I don't complain.


Ex has chosen to not exercise his right of access EOW to the children, due to the fact that "I cannot drive 12 hours in one weekend just to see them". Now that we don't have an EOW exchange of the children, I am also not getting support in a timely manner. Cheques are now mailed. Written on the day due and mailed. Taking up to 10 days to arrive. I know I shouldn't complain, but when I get an email accusing me of not depositing the cheques I get frustrated. I deposit as soon as I can. And there is a 30-60 day hold placed on these cheques. How do I politely remind the ex that this was his choice of payment and that I cannot be held accountable of the banking systems and their policies?


My last question is this. Cheques are written to be drawn in US funds. SO yes when converting to Canadian there is an exchange rate applied. Each cheque has been for a different amount as the rates change daily, even hourly. How can he write these cheques and predict the future of the dollar and exchange? Should the cheques not be written for the same amount each time? Then we both would win some and lose some, pending on the exchange rate on that day?


Any suggestions or advice that you have would be wonderful. I don't want to create drama or appear insensitive to his "New Life", however I do want to make it an easy transition for us both. The less the children see us stressed the better they are.

[movingON1975]

You have two options I suppose-

1. Register with the FRO and live with those inconveniences, or,

2. Ask him to send you cheques drawn on a Canadian Dollar Bank Account, which is based in the USA, there will still be inconveniences of course.

You should be receiving the cheque on the due date, but banking policies are not his problem, they are yours. Typically holding times on cheques are a function of the depositors credit rating... ie if the cheque bounces, will the bank be able to recover the money from you?


Speak to your branch, they might be able to remove the hold on the cheques.

PS - can't you deposit cheques via your smart phone?

[DunnMom]

I agree with movingON1975. It's a PITA but at least support is arriving.

PS - can't you deposit cheques via your smart phone?

I believe in ON only CIBC offers this feature. I "WISH" the other big banks would get with the times.

[Mother]

Ask him to give you 12 postdated cheques every year.

Also usually the hold is for a week or so, never heard of a cheque being on hold for so long.

[mcdreamy]

Busch, I think we have several posters here who deal with ncp in America - MS Mom comes to mind for one. Perhaps you could pm her to see how she handles the transfer of cs funds and the exchange rates,
Wish I had more to offer -

[stripes]

A couple of thoughts:

1. Ignore emails complaining about cheques not being deposited. If you deposit them as you get them, there's no problem (it's not like you're hoarding them and depositing them all at once, which could cause cash flow problems for your ex). This falls in the category of things not worth paying attention to.

2. With the conversion rate, why not suggest that he apply the conversion as of the day he writes the cheques (which I'm assuming is sometime in the midde of the month preceding the month that the cheque is for, i.e. mid-Oct for Nov CS payments)? The exchange rate for the Canadian dollar isn't volatile (unlike other currencies) and so there should be at most a few cents difference between the date he writes the cheque and the date on which it is due (the first of the month). Sometimes this difference will be in your favor, sometimes in his. You can get real-time currency conversion at xe.com.

3. Yes, talk to your bank about the hold. If these cheques are a regular event and you've always had enough in your account to cover them, they may be willing to waive the hold, especially if you've been a bank customer for a long time.

[Busch]

Thank you all for your replies!! I agree that baking policies are not his problem they are mine. I have questioned the bank about the hold, they have said that because of the differences in banking/personal information policies between the 2 countries, their hands are tied. Typically one branch would call another branch to ensure sufficient funds are available to release to money to the depositing account. this I'm told is not an option between countries. So I am left waiting for the funds to clear and he is left waiting as well to balance his books.
I have asked for a few post dated cheques at a time and those requests have been ignored. My biggest issue isn't really with the hold....it's more with the time of receiving them, and then being accused of "sitting on them" As well as the fact that there is a chance that the amount I cash will not be equal to what has been deemed acceptable by the courts.


Speaking with other members who deal with NCP in another country is a wonderful idea!! Thank you all for your suggestions.


P.S. because the cheque is written from an "American Bank" the smart phone app is not an option, neither is an ATM as the computer will reject it because it will not recognize it. Frustrating for sure.....but a minor one at best.

[stripes]

Double-check the ATM thing - I deposit cheques in American funds, drawn on American accounts, fairly often at my ATM (not child support - work stuff), and it goes through with no problem. I bank with TDCanadaTrust.

[arabian]

I wonder if the use of an american credit card would help facilitate faster payments (he could simply make the payment on a credit card)? You should then be able to access funds immediately.