Section 7 Expenses Post-Secondary College Tuition

This is good news indeed. Part of me feels bad for him but then I realize his self righteous stupidity got him in this mess. Hopefully the process is quick, FRO takes 30 days to process and then 30 days to pay. If you are speaking to them again, make sure you ask what happens if he files a motion to change or if he can file a motion to stop payments. FRO wont allow anything to stop payments but a new court order but MEP might be different.

Deep breath. Now you have to file and wait. Remember to take your phone off the hook and dont engage in any verbal battles. He is going to get very ugly and it all goes into your court file.
 
Because MEP is part of Alberta Justice, the judges (who are employed by Alberta Justice) generally don't interfere with MEP collection processes. Her ex can file all the motions he wants but it is doubtful he would be successful as the ink is barely dry on the last order and her ex was represented by competent legal counsel. He is employed at the same job etc. This is what happens to someone when they simply change their mind and decide to not follow a court order for support: consequences.

The process with maintenance enforcement agencies allows for debtors to make arrangements to catch up on their arrears. The alternative is wage garnishee (up to 40% of gross income in Alberta) and eventually loss of driver's license and passport.

I agree there will likely be a 60 day gap until she sees money. Sooner everyone plays along and submits documents to MEP the better. A payoff is not having to deal with one's ex directly going forward.
 
Mep

Mep

So, I've been working with MEP to see what I can indeed have enforced and what I cannot. They will enforce the child support and a flat rate Section 7 for sports costs that was listed in the order.

Here's the new challenge: Divorce Order states that "both parties need to obtain the other party's agreement before incurring such expenses." I'm not sure why my lawyer wouldn't have stipulated Post-Secondary expenses specifically in the order, since one of our kids attends a US college (and was attending there at the time that the order was signed); I sure know better now. Anyways, at the time of the order, our child was attending college already and ex was paying the tuition, but less than 2 months after the order was signed, he refused to pay tuition. MEP cannot enforce the order (listing the pro rata shares that we should each pay) without his written consent) without written consent (which I don't have because he was originally paying the tuition!) Here are the 2 options that I know of and I would appreciate any advice...

1) Child Support Resolution at the law courts:
Process: provide full financial disclosure. other party is there, and a lawyer tries to mediate the costs.
Concern: I won't recoup the tuition I've paid out, and our child is only part-way through his degree.

2) Vary the Order:
Process: Can I do this myself and if so, why on earth would my ex sign it?

Help?
 
I think theres a third option. File a motion for support including s7 expenses. This is what my partners lawyer said his ex may do. (He told us this last summer.)

If this is true, you would file the motion and request his portion of the post secondary costs.

This is just my view. Have you talked to a lawyer? Many now do hourly advice. Personally I think your ex is still responsible for a portion of the school costs. He may argue for a comparable Canadian university but those costs are still high and didnt you say your son got a scholarship?

Definitely speak to a lawyer!!
 
I have no personal experience with this sort of thing. However, from what I can gather from what I've read on CanLii your ex will have to pay his proportionate share. I've seen where the 'child of the marriage' is deemed to pay a proportionate share of his/her own by way of scholarships/bursaries. Much depends upon the income of the parents as well.

A competent lawyer should have no problem getting this settled out of court. If you do go to court of course you would request client-solicitor costs for your trouble for something that is, to me, a no-brainer.

Can you simply call your lawyer and instruct him/her to clean up their mess? It sounds as though the wording in the order was not up to MEP standards - this is something which all lawyers are aware of under "practice notes" Alberta Rules of Court as well as info for lawyers on the MEP website.
 
I've emailed my lawyer to see what she advises; it's quite frustrating that since both kids live with me, I'm the only one that would ever be initiating Section 7 expenses, and we had a known huge Section 7 expense, that the order would not have been written to address this exact situation that I now find myself in! So, is a "varied court order" and a "notice of motion" the same thing? If ex walked away from his lawyer bill (didn't pay it) so my lawyer finished everything, I'm assuming that he won't have a lawyer so the documents would just get served to him directly, and he can choose to represent himself or not? My best understanding is that all documentation is supplied ahead of time, and we are just there to answer any questions the judge has?
 
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