So we have been around this thing for a year now. kicked always we can think of. Still getting nowhere.
So we have decided to go for a motion to change.
Issue. Non payment of Section 7 daycare
Paragraph in SA, as in many, appears to be vague and non enforceable, through FRO. So we are serving a motion that will change this clause to
A. Specify the % split ( incomes are stable)
B. Specify day for payment
C. Give the recipient the ability to send non paid invoice to FRO for enforcement.
D. Court order payment of the arrears ofmthe past 12 months.
Completed a Form 15. motion to change
15A. Change Information Form
15C. Consent Motion to change ( just in case he consents)
Form 6B Affiidavit of Service
Form 15B Response to Motion to Change ( left blank but to include)
Copy of existing Court Order of SA
Copy of all unpaid invoices
So Question. In our statement " I ask the court to make,this,change for,the following reasons...." We include some references to past emails where the non paying parent said he agreed to,the % and to pay as agreed. There are a couple of emails to,this effect on different occassions. Do we need to include these at this time?
Also we submitted the arrears to FRO but have received a letter stating the clause in our agreement does not allow them to calculate the amount owed. Do we include this. We again mentioned this in the statement for our reasons to,have this motion change.
Appreciate your thoughts
So we have decided to go for a motion to change.
Issue. Non payment of Section 7 daycare
Paragraph in SA, as in many, appears to be vague and non enforceable, through FRO. So we are serving a motion that will change this clause to
A. Specify the % split ( incomes are stable)
B. Specify day for payment
C. Give the recipient the ability to send non paid invoice to FRO for enforcement.
D. Court order payment of the arrears ofmthe past 12 months.
Completed a Form 15. motion to change
15A. Change Information Form
15C. Consent Motion to change ( just in case he consents)
Form 6B Affiidavit of Service
Form 15B Response to Motion to Change ( left blank but to include)
Copy of existing Court Order of SA
Copy of all unpaid invoices
So Question. In our statement " I ask the court to make,this,change for,the following reasons...." We include some references to past emails where the non paying parent said he agreed to,the % and to pay as agreed. There are a couple of emails to,this effect on different occassions. Do we need to include these at this time?
Also we submitted the arrears to FRO but have received a letter stating the clause in our agreement does not allow them to calculate the amount owed. Do we include this. We again mentioned this in the statement for our reasons to,have this motion change.
Appreciate your thoughts
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