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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 04-03-2019, 08:40 AM
Frostrated Frostrated is offline
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Default Section 7s as a percentage

Hi there. After many lawyer and court screw ups, I finally got a final order from an uncontested trial. It was actually endorsed October 2016 and I just got it back in August 2018 and it was lost twice, so FRO just got it the other day. They said it could take 4-8 weeks to have it looked over and approved. My ex is currently $7500 in a arrears (will be $55000 when the new order takes effect), which FRO isn't even trying to get back, aside from a federal deduction notice.

The final order states my ex has to pay 81% of section 7's. My daughter is getting braces put on next month to the tune of $6400. My ex never paid a penny towards my son's but now I have this order. Yesterday after reading, I found out FRO will not enforce an order based on percentage, because apparently using a calculator is too difficult. So, my question is, how do I submit what he owes for the braces? Do I have to go back to court once I've paid for the whole thing and have an order based on a dollar amount? I have to take out a line of credit to pay the ortho and I don't find that very fair, considering now I'll have pay interest.

Why do judges make orders with percentage amounts enforceable through FRO, if FRO won't enforce it? It's been a really frustrating few years Thanks for an information you may have.
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Old 04-03-2019, 09:10 AM
Mom 2 Two Mom 2 Two is offline
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Yes itís really frustrating. My Lawyer has advised a court order should say $ amounts. Which I agree sucks because they change each year.

I was told to get a clause added that says what expenses are to be paid and the % and a payment timeline. Such as 30 days after receipt is submitted to payor. That way if they donít pay you can bring a contempt motion. But Iím not there yet. Thatís just what I was told.


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Old 04-03-2019, 09:18 AM
rockscan rockscan is offline
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You can file a statement of arrears with FRO with a copy of the page from your agreement as well as the calculation of the amount he owes. You would need to subtract the tax deduction though. If you go in one of the online tax programs you can enter all your info and then the braces amount. See what the difference is with the braces and without and that is your tax deduction.

Does he have benefits you can submit them to? If he has provided you with that info you may be able to do that and have them pay the dentist directly.

I should note though that he could reject the expense submitted to FRO but he would need to prove why.

Donít get too upset about the limits of FRO. He wonít be able to renew his license which may spur him to do something and they may be able to put a lien against any assets he has. Eventually it will be collected. My father was still subject to a deduction order until he was 78!
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Old 04-03-2019, 09:21 AM
Mom 2 Two Mom 2 Two is offline
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I tried this. Statement of arrears. Sent invoices. Did the calculations. I was told the same thing from fro. Order needs $ amounts. They denied the arrears statement.


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Old 04-03-2019, 09:26 AM
rockscan rockscan is offline
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Quote:
Originally Posted by Mom 2 Two View Post
I tried this. Statement of arrears. Sent invoices. Did the calculations. I was told the same thing from fro. Order needs $ amounts. They denied the arrears statement.


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They must have changed it then. My partner was sent one in 2014. He rejected it because it wasnít calculated properly.
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Old 04-03-2019, 09:39 AM
Mom 2 Two Mom 2 Two is offline
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Default Section 7s as a percentage

Quote:
Originally Posted by rockscan View Post
They must have changed it then. My partner was sent one in 2014. He rejected it because it wasnít calculated properly.


Well I will say that my agreement didnít have the actual % written out. It just said shared.

But I also belong to a FRO group on Facebook and someone just complained of this.

FROSTRATED... by all means try the arrears statement Rockscan is suggesting. I find that it depends on who gets your paperwork over there as well if its processed.

Took about 3 weeks from the time I submitted the arrears statement to get a letter back saying it was denied. I also sent the paperwork registered mail. Itís definitely worth a try to see if they accept it for sure!!


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Last edited by Mom 2 Two; 04-03-2019 at 10:10 AM.
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Old 04-03-2019, 10:57 AM
momof2teenboys momof2teenboys is offline
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Quote:
Originally Posted by Mom 2 Two View Post
I tried this. Statement of arrears. Sent invoices. Did the calculations. I was told the same thing from fro. Order needs $ amounts. They denied the arrears statement.


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Our agreement has percentages for S7.

"The following expenses (and a list of approved expenses) will be paid in proportion to income of the parents with p1 paying xx% and p2 paying xx%. p1 will reimburse p2 within 30 days of receiving proof of payment"

I submitted by fax the receipts and a spreadsheet with the calculation and filled in the statement of arrears with the amount owing and it was approved. If the payor refused the expenses I never heard about it. It was on my account within 6 weeks.

FRO has denied medical expenses, so far, because our agreement states the balance not covered by the medical benefit plan is to be divided xx/xx. The other parent has refused to provide/submit the kids expenses to the benefit plan (despite two court orders telling him to do so) so we don't know the amount that's left to divide. I've been paying out of pocket for 4 years and it's adding up so we'll have to return to court once again to get the language of the order changed so I can get these enforced.
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Old 04-03-2019, 11:03 AM
Mom 2 Two Mom 2 Two is offline
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Thanks thatís awesome!! I may steal that blurb for my offer to settle.

I just find fro is not standard across the board.
I hope this helps you Frostrated!!

Thanks Mom2teenboys


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Old 04-03-2019, 03:00 PM
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Janus Janus is offline
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Quote:
Originally Posted by Frostrated View Post
Yesterday after reading, I found out FRO will not enforce an order based on percentage, because apparently using a calculator is too difficult.
To be fair, it is a complicated calculation. They need to figure out what your benefits cover, what his benefits cover, and any tax deductions that could result from the expense to figure out the net expense.

Then they get to whip out the calculator.

There is lots of potential for misunderstandings and miscalculations (and fraud). Offhand, I actually agree with FRO in this one, they should not be enforcing percentage orders. Lawyers should know this. Blame your lawyer, not FRO.

Let your ex know that if he does not pay now, that you will be taking out a loan, and that he will be responsible for the interest that accrues until he pays it off. Then you go to court and get your interest payments back, along with your court costs assuming he is dumb enough to not comply on consent.

You only have to do this once. It will cost him so much more that he will never take this route again.
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Old 04-03-2019, 03:11 PM
iona6656 iona6656 is offline
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Quote:
Originally Posted by Janus View Post
....

There is lots of potential for misunderstandings and miscalculations (and fraud). Offhand, I actually agree with FRO in this one, they should not be enforcing percentage orders. Lawyers should know this. Blame your lawyer, not FRO.
....
What SHOULD an order say regarding section 7 expenses?


For example: Right now- in the offer we're drafting- my lawyer lists exactly what section 7 is: pre-school tuition, before and afterschool care, medicated creams not covered by insurance and two activities- with each parent choosing one. BUT the costs are listed as a percentage. What should it say instead?

Last edited by iona6656; 04-03-2019 at 03:18 PM.
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