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  • FRO - section 7 expenses

    My husband is going to trial with his ex in mid April. This is what has happened so far:

    Two years after his divorce his ex tells him that instead of the 2/3 he was to pay for expenses she only wanted 1/2, and that the support he was paying was enough, he worked hard for his money, her husband and her were doing well and that she didn't need more (emails to prove).

    I come into the picture a few years later. Expenses begin to rise ($2,000 summer camps, etc). He pushes back on expenses and threats of court begin. Trips to Europe and Africa for daughter in the same year, plus summer camp for son (totaling over $10,000), PLUS braces, drivers ed, etc.

    He continues to pay his share after challenging the issues.

    Long story short, she files a motion to go back to 2001 to collect the extra money in expenses and back pay in support (which she never wanted).

    With trial on it's way she has decided to complicate matters and file over $13,000 (his share) of expenses with the FRO. My husband has contacted the FRO to tell them that all of these expenses are currently in litigation, but their reply was that they are abiding to the SA and he has to pay. He is now being garnished his almost $1,600 in support (he ALWAYS paid support so this isn't an issue) PLUS $1,100 towards the expenses - MONTHLY.

    Has anyone had a similar scenario? We are concerned about getting our overpayment back.

    ALSO - the FRO has taken her 5 page list of expenses for what it is and did not match receipts to her items. There is almost $1,000 worth of expenses with no receipts. Where is their accountability?

    My husband is a good man. He has paid over $120,000 (bank records to prove) to his ex in the last 7 years. He is not a deadbeat. He has never refused to support his kids. I know that we are just one of many families frustrated with the system.

    I'm here just looking for others opinions.


  • #2
    Bring a motion against FRO for a stay of enforcement until the matter is resolved at trial.

    Comment


    • #3
      I am experiencing the same thing right now with my ex.
      The dollar values are not as extreme, but it is the same thing.
      I heard the same thing back from the FRO that said we are only following the order. That being I should pay 70% of the s. 7 expenses. My argument was that it should be the "net" of the expenses after the ex got back her money from the government for income tax and other subsidies.
      The order did not specify that.
      However, my order, and I hope yours, did say that we had to agree to the expenses and if we did not agree we had to go to mediation.
      So when I presented that to the FRO, they have requested proof from my ex that I agreed to the expenses.
      She can't provide that.
      I don't know how it will come out in the end, but that is the stage I am at now.
      It may be cheaper than going back to court.
      Hope it works out for you.

      Comment


      • #4
        I am in your exact situation regarding FRO trying to enforce s.7 expenses based ex sending in receipts, even tho the expenses clearly contradict the order and were never agreed mutually. FRO indicated I had the right to dispute this, which I have and months later heard nothing back from FRO, but regularly receive letters from them asking for additional s.7 expenses.

        What was the result for you?

        Originally posted by Cobourg View Post
        I am experiencing the same thing right now with my ex.
        The dollar values are not as extreme, but it is the same thing.
        I heard the same thing back from the FRO that said we are only following the order. That being I should pay 70% of the s. 7 expenses. My argument was that it should be the "net" of the expenses after the ex got back her money from the government for income tax and other subsidies.
        The order did not specify that.
        However, my order, and I hope yours, did say that we had to agree to the expenses and if we did not agree we had to go to mediation.
        So when I presented that to the FRO, they have requested proof from my ex that I agreed to the expenses.
        She can't provide that.
        I don't know how it will come out in the end, but that is the stage I am at now.
        It may be cheaper than going back to court.
        Hope it works out for you.

        Comment


        • #5
          The wording of the court order said that we had to agree to section 7 expenses and if we could not agree we had to go to mediation before going back to court.
          I pointed out to the FRO that I had not even been consulted on the expenses and if they could not prove that I had agreed to the expenses, they could not enforce.
          They agreed.
          Pretty straightforward. I have had no issues with them since.

          Comment


          • #6
            s.7 expenses

            I'm having the opposite problem with FRO. I submitted all my s.7 expenses to FRO for payment, with the correct calculations as outline on our agreement. All my S.7 expenses were for daycare/daycamps over the summer months.

            All were returned by FRO as my agreement reads "S.7 expenses with consent" - although it also reads "consent will not be reasonably withheld". All were denied by FRO as not being ordered.

            Impossible to obtain consent from payor - he's ignored his daughter since June of last year. Ignores all emails, phone calls and my last request for reimbursement for a prescription of $175 resulted in him calling the police (yes, laughable I know).

            My ex wouldn't consider paying for jackets, shoes, etc. so, I consider that little girl pretty darned lucky. My ex wouldn't even spring for $1 for popcorn day at school (citing "that's why I pay child support") Since my ex won't even reimburse the daycare costs, I can't afford even swimming lessons for my girl.

            Comment

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