Not following agreement

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So it has been less than a month of signing a child support agreement and my ex is already in default of the agreement.

We share child care expenses and she has to pay me support.

Since there is no enforcement she feels that her expenses get reconciled and I have to wait for a final settlement to have my expenses reconciled.

She says 'take it off the exqualization payment'

Nowhere in our agreement does it say either party has to wait to have their child care expenses reconciled at a later date.

So what she does is not pay her portion and pay me less then the agreed to amount.

What course of action can be taken.

The papers still have not come back from the court so I cannot go to FRO without them. I guess I can get the filed agreement and send it to them even though I do not have the support deduction order?

Can I take her back to court and have the judge enforce anything?

Or if this a small claims court item?

I am tired of being dicked around. She delayed paying CS for almost 1 year! Is constantly delaying getting to a final settlement.

Any suggestions?
 
Section 7 expenses are part of the Family Law Act, it would not be a small claims court matter.

If she is refusing to pay, it should be made a part of the same court order that requires her to pay child support.

You should have receipts and probably a letter from the child care outlining the future costs to back up your claim, so that you can a fixed amount per month stated in the court order. This is what the FRO would need to enforce payment. The FRO can't work with numbers that you provide on a month-to-month basis.

What I mean is, if she doesn't pay this month then you can't just go to the FRO for it next month. You have to have the amount decided and fixed. That means you have to work out the budget for the year, and have an amount set per year, and likely have it updated.

This will probably go one of two ways. If you get this dealt with in the court order she may settle down and realize she can't play games. If she likes playing games she'll pick something else. Or else you will have to keep this as part of the court order and update it every years.

When you say the papers still have not come back from the court, what is the current court order? If it is for CS only, or if it is for CS and a vague statement that she pay section 7 but it doesn't say how or when? Or does it state the amount of section 7? You may need to file a motion amending the order to include a fixed amount of section 7 which you can agree will be updated yearly.
 
The court order is for CS and the percentages of monthly childcare costs.
This is how it is exactly worded:

Commencing May 1, 2010 the applicant shall pay 33% of monthly daycare expenses to the daycare directly, and the respondant shall pay the remaining 67% directly. Expected daycare cost is xxx.xx per month for the two Children of the marriage ( xxx.xx for the applicant and xxx.xx for the respondant )

So I had to book summercare for my weeks I have my kids and I had to pay in full this month to cover all the weeks.

I asked her to pay her 67% and her reply was what I mentioned above... take it off the equalization payment.

I think the better approach should have outlined cost as they are different for summer care compared to daycare as it is full time for both children.

So I should go back and have the order ammended to outline costs better and when payment or reimbursement is due.

Sound right?

So now that she is in default will family court really do anything other then order her to pay again? Sounds wrong to me, they already ordered her to pay and she isn't following the agreement.
 
Does she have a lawyer? Do you? Self rep?

If it were me I'd contact her lawyer and state that she is in violation of the court order and you would like to have her intentions in writing. If she does not pay the outstanding amounts within 5 days or indicating in writing her intentions, you will assume that she is refusing to pay and is in violation of the court order. (If she doesn't have a lawyer just send it to her registered mail).

What she is doing, the only simple way to solve it is to calculate your yearly child care costs, divide by 12 and seek to have this added to the support order. Thiis can then be sent to the FRO.

What I said about sending a letter is because you want to be clear about what she is doing and your attempts to resolve before you go back to court, so that you can try for costs. The order says she pays, she isn't paying, but once you get to court she will say she didn't get your phone message, she misunderstood the order, blah blah blah.
 
We both have lawyers, I am quite disaapointed with mine. All they like to do it write letters and nothing ever happens except you get a big fat bill ever month.

I got fed up Friday, I wrote an email to her, her lawyer and mine in regards to her being in default and that the issue and others need to be addressed immediately. She read it but did not reply

I think I will have to represent myself again as I do not see my current lawyer adding any value to my case and moving it forward.

I have asked her several times to pay her portion since the end of May. Of course I never get a reply that she will pay back the money right away.

She just tells me she is not going to pay for childcare in advance. The way summer childcare work is you have to pay upfront, that's just the way they operate. So I had no choice but to pay it or I would not secure spots for my kids.

Looks like the next step is to book another motion or would this be handled some other way through family court?
 
She agrees she wants to pay for the child care, just not when/how

Why can't you do it her way?

What's the problem, as long as you eventually get paid.
 
His court order lists that she has to pay her costs directly to the provider.

Go pay your 33%, send her an email indicating that her 67% needs to be paid by X date as per the provider, then tell her if she needs to make alternate arrangements to contact them directly.

Otherwise, find a different provider.

I think the better approach should have outlined cost as they are different for summer care compared to daycare as it is full time for both children.

So I should go back and have the order ammended to outline costs better and when payment or reimbursement is due.
Click to expand...

If she has already shown a tendency to screw around, I would do what Mess indicated...calculate your yearly expenses, including the summer placements, and then /12 for a monthly cost to each of you. With a solid, unchanging monthly number, you can get it enforced by FRO.
 
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Well if you prepaid for summer care and your portion was only 33% would you wait for who knows how long to get the portion (67%) back that she owes?

Probably not right.

billm said:
She agrees she wants to pay for the child care, just not when/how

Why can't you do it her way?

What's the problem, as long as you eventually get paid.
Click to expand...
 
Hard to do since I had to prepay (deposit and recently full balance) to secure the spots.

Lesson learned though and will put a claus in to cover summer care costs.

Thanks!

NBDad said:
His court order lists that she has to pay her costs directly to the provider.

Go pay your 33%, send her an email indicating that her 67% needs to be paid by X date as per the provider, then tell her if she needs to make alternate arrangements to contact them directly.

Otherwise, find a different provider.



If she has already shown a tendency to screw around, I would do what Mess indicated...calculate your yearly expenses, including the summer placements, and then /12 for a monthly cost to each of you. With a solid, unchanging monthly number, you can get it enforced by FRO.
Click to expand...
 
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