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Can the FRO enforce this?

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  • Can the FRO enforce this?

    Years ago my X & his parents took me to court (RIGHT after a negotiated settlement) because the parents wanted to take the kids on vacation. Judge ruled in my favour & awarded me costs - attributed costs jointly to my x AND his parents.

    I never got the order entered because my lawyer was charging too much. I've also never received the costs.

    If I paid to have the order "entered", I'm wondering if the FRO could enforce this, since only my X & not his parents are registered with the FRO?

  • #2
    Originally posted by byebye View Post
    Years ago my X & his parents took me to court (RIGHT after a negotiated settlement) because the parents wanted to take the kids on vacation. Judge ruled in my favour & awarded me costs - attributed costs jointly to my x AND his parents.

    I never got the order entered because my lawyer was charging too much. I've also never received the costs.

    If I paid to have the order "entered", I'm wondering if the FRO could enforce this, since only my X & not his parents are registered with the FRO?
    I am not sure what do you mean by entered, but my guess would be that you are talking about "you never get actual order with stamp" but answer on your question regarding FRO enforcing is NO. FRO enforce support orders and cost order in relation to support (child and spousal)

    what you can do if go to small claim court and get writ but for that you will need an order.

    And you do not need to pay for that to lawyer as far as I know - it's his responsibility to draft the order and make it issued by court. You also can do it your self.

    Regards,
    WD

    Comment


    • #3
      Originally posted by WorkingDAD View Post
      I am not sure what do you mean by entered, but my guess would be that you are talking about "you never get actual order with stamp" but answer on your question regarding FRO enforcing is NO. FRO enforce support orders and cost order in relation to support (child and spousal)

      what you can do if go to small claim court and get writ but for that you will need an order.

      And you do not need to pay for that to lawyer as far as I know - it's his responsibility to draft the order and make it issued by court. You also can do it your self.

      Regards,
      WD
      Thanks very much for your response. I have a couple more questions based on this, will lead with the more important one;

      1. I'm negotiating again with my X over special expenses (I don't have a lawyer because my X doesn't make enough money to warrant that expense).

      I've suggested a monthly amount with tuition reimbursement payments twice a year.

      CRITICALLY, would the semi annual tuition reimbursement payments be enforceable by the FRO? Because if it's not enforceable by the FRO, I won't get it.

      2. Back to the original question about the court cost from when my X and his parents where assigned court costs - I have a court document with the Judges handwritten ruling and signature on it. There's no stamp on it, and my X's lawyer never get it processed, I suspect because my X never paid him. So do I need to bring this somewhere, get it stamped, if so where?

      Comment


      • #4
        Originally posted by byebye View Post
        Thanks very much for your response. I have a couple more questions based on this, will lead with the more important one;

        1. I'm negotiating again with my X over special expenses (I don't have a lawyer because my X doesn't make enough money to warrant that expense).
        it's not your X responsibility to pay for your lawyer - it does not make sense - to both of you.

        I've suggested a monthly amount with tuition reimbursement payments twice a year.

        CRITICALLY, would the semi annual tuition reimbursement payments be enforceable by the FRO? Because if it's not enforceable by the FRO, I won't get it.
        FRO will enforce only what you have in ORDER or Agreement registered with court.

        2. Back to the original question about the court cost from when my X and his parents where assigned court costs - I have a court document with the Judges handwritten ruling and signature on it. There's no stamp on it, and my X's lawyer never get it processed, I suspect because my X never paid him. So do I need to bring this somewhere, get it stamped, if so where?
        Judges handwritten ruling and signature on it called endorsement. You need to issue an order base on that. Order will have only what ordered base on endorsement without all reasoning what judge may write in endorsement.

        Comment


        • #5
          Originally posted by WorkingDAD View Post
          FRO will enforce only what you have in ORDER or Agreement registered with court.
          Thanks again. What I'm asking is - are the IRREGULAR nature of the payments (bi-annual tuition reimbursement) I'm proposing enforceable by FRO (assuming ALL legal documents have been filed with the courts)? Because if it's not FRO enforced, rest assured I won't get it.

          Originally posted by WorkingDAD View Post
          Judges handwritten ruling and signature on it called endorsement. You need to issue an order base on that. Order will have only what ordered base on endorsement without all reasoning what judge may write in endorsement.
          Great - how do I do it on my own (it's another small amount).

          Comment


          • #6
            I wanted to provide the answers for the questions I asked, based on a conversation with the FRO today.

            As has been indicated above, the FRO can *not* enforce the cost order.

            Also, the FRO *can* enforce irregular support payments, so long as the order says they can, and the order is clear they are for the children's special expenses.

            Note you have to be very very clear on the order, I've had a lawyer-written agreement be non-enforceable due to some perceived ambiguity. Use specific dates and amounts.

            Comment

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