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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 01-16-2022, 11:50 AM
samej samej is offline
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Default Ontario Legalities on Support Payments Due on the First of the Month

Hello,

It's been a years since I'm visited these forums. Happy New year everyone!

I have a recently amended support agreement (December 221) and spousal support payments are due on the first of each month.

With my first new payment under the agreement for this year, my ex is claiming I am violating the terms because my payments (direct account to account transfers within the same Big Five Bank) take place on the first banking day of each month. specifically, this month that was 4-January.

She is demanding post dated checks and saying the money most be in her hands on the first of every month. I would have no electronic trail to prove payment and receipt, nor would a post dated check have cleared until January 4.

Should I have transferred her payments at the end of December, that would lead to problems for both parties for annual CRA filings as there would be a mismatch between the annual amounts in the agreement vs the actual amounts paid and received between 2021 and 2022.

What are the laws around due dates and timing of support payments in Ontario?

Am I "in violation of the terms"?

How are bank holidays and statutory holidays handled by the law and courts?

Am I required to send post dated checks on demand rather than use mechanisms such as account to account transfers!!??

Thank you in advance,
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  #2  
Old 01-16-2022, 01:02 PM
seeker101 seeker101 is offline
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This is BS. What is the ex gonna do, file a contempt motion? You don't have to provide post dated cheques, if not in agreement.

I wouldn't worry about it as long as you're making payments on the 1st or 2nd.
When that transaction actually takes place is not in your control so you shouldn't be penalized.

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Old 01-16-2022, 02:30 PM
pinkHouses pinkHouses is offline
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Who knows why she needs the money on day one, maybe she has a payment due on that day.

Ask your bank how transfers are handled.
I can transfer money on a schedule ,banks may preload these transactions so they actually do happen on January 1st.

You can send all the other transfers a couple of days early and every January 1 of each year send an e-transfer.
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Old 01-16-2022, 03:06 PM
rockscan rockscan is offline
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FRO doesnt always make it the day the payment is made. Banks cant do things outside of business hours. Your agreement says pay on the first. You paid on the first. Unfortunately there may be some days in the year that falls on a holiday. She can suck it up.
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Old 01-16-2022, 03:50 PM
Stillbreathing Stillbreathing is offline
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I have been receiving child support payments through FRO for the nearly a decade. Our court order states the child support payments are to be made on the first day of the month. In all those years FRO has been dealing with us, I have not even on one occasion ever received the child support on the first day of the month. Not once! The closest was the 2nd day of the month. My ex swears he sends the money in prior to the first and FRO takes awhile to process it. I don’t entirely believe him.

In my affidavit I simply stated he has never paid it on time, ever but does eventually pay some time during the month. It may or may not be FRO’s fault but it looks bad on my ex. If the child support does come in regularly at some point during the month but is consistently late, not a hill to die on. The judge won’t do anything about it. FRO doesn’t even start any enforcement action until they are 3 or more months behind. The most they will do is write to the party to tell them they are late and ask them to make a payment immediately, if they even do that.
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Old 01-16-2022, 04:54 PM
rockscan rockscan is offline
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Quote:
Originally Posted by Stillbreathing View Post
I have been receiving child support payments through FRO for the nearly a decade. Our court order states the child support payments are to be made on the first day of the month. In all those years FRO has been dealing with us, I have not even on one occasion ever received the child support on the first day of the month. Not once! The closest was the 2nd day of the month. My ex swears he sends the money in prior to the first and FRO takes awhile to process it. I dont entirely believe him.

In my affidavit I simply stated he has never paid it on time, ever but does eventually pay some time during the month. It may or may not be FROs fault but it looks bad on my ex. If the child support does come in regularly at some point during the month but is consistently late, not a hill to die on. The judge wont do anything about it. FRO doesnt even start any enforcement action until they are 3 or more months behind. The most they will do is write to the party to tell them they are late and ask them to make a payment immediately, if they even do that.

We received a statement from FRO and it showed the money going in on the first and it being released to the ex three days later. My husband has his account set up to pay it automatically on the first.
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Old 01-16-2022, 05:10 PM
samej samej is offline
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Thank you for your feedback!

For those of you dealing with FRO it sounds like collection on the first day of the month is not unusual. In one of your cases the ex pays the FRO a few days early.

I have a verifiable transaction from my bank that the payment was made on the first business day of the month?

Frankly I have been paying via this mechanism for 11 years and the payment seems to clear the same day of the transaction or the day after.

Legally am I in violation of our agreement? Is there grounds to void our entire agreement?
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Old 01-16-2022, 05:53 PM
pinkHouses pinkHouses is offline
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Quote:
Originally Posted by samej View Post
Thank you for your feedback!

For those of you dealing with FRO it sounds like collection on the first day of the month is not unusual. In one of your cases the ex pays the FRO a few days early.

I have a verifiable transaction from my bank that the payment was made on the first business day of the month?

Frankly I have been paying via this mechanism for 11 years and the payment seems to clear the same day of the transaction or the day after.

Legally am I in violation of our agreement? Is there grounds to void our entire agreement?
There is no way in hell this would violate the whole agreement.
It doesn't mean anything. Just make sure it is reasonable to expect the bank to have the money there for the first.
Do that now.
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Old 01-16-2022, 06:14 PM
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Janus Janus is offline
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Quote:
Originally Posted by samej View Post
She is demanding post dated checks
People (and especially exes) demand things all the time. A demand creates no corresponding obligation.

I can demand that every on this forum send me a cheque for $100. That has about as much force as somebody demanding post dated cheques.

Also, etransfer is objectively better. Don't change.
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