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Fathers Battling Injustice
Re: FRO
Posted By: Biodad In Response To: FRO (IamKnown)
Date: Monday, 9 February 2004, at 1:47 p.m.
You should check with your lawyer, but there is no retroactive clause in the Guideline legislation. If you have not filed for Variation yet, then there is no "overpayment". You have not informed the court of your contention. They will only go back as far as the date of application, and then, only if you stiptulate it when calculating the "new" payment schedule.
Contacting your ex. to negotiate a settlement, whether she has replied or not, is not a legal proceeding. It is a courtesy. However, your lawyer is probably right, in that a negotiated agreement may be the "quickest" way to resolve this in your favour.
Considering current trends, outcomes, you can make use of to make your offer appear enticing. Like "giving" her the $6,000 in the difference. Like absolving her of any child support payments for your daughter. Like offering to make full payment for her one remaining dependant. And, by calculating the difference in loss to litigation, rather than agreement, and giving her a cash bonus for signing (ie. 50% = ~$2,000). (nb. these are all losses you can reasonably expect +, if contested in court)
That is the "carrot"... a chance for her to gain $10,000 over you (even if it is only $2000 in her hand). The "stick", which should come a reasonable amount of time after the offer is not replied to and after the variance is filed, is a little sticky with the provincial FRO involved. They will not follow legal proceedures, but only the text of the existing agreement and their internal policies. Be prepared, then, for their interference as well. Essentially, you may have about a 3 month window before compliance is neccessary - once flagged, you won't have that luxury. But, a well written rebuttal, sent verbatim again and again, to their various mail queries or demands, can stall their action.
The tactic is the same as employed, before provincial collection agiencies supported themselves with child payments. The money is held in trust, pending resolution of the dispute. Set up a seperate trust fund and deposit the exact same amounts in it - not to FRO (don't even inform them untill they ask you - see above). Inform your ex. that the money is in escrow, and pay her immediately upon the signed agreement becoming "the order". Also, by having access to the trust account, you or your lawyer will be able to pay any amounts to FRO at an eleventh hour, thus avoiding their punative contexts, except for a little interest. If the judge asks about current support arrears, he can be informed that the money is being held in trust, pending the outcome... (ie. the payments are still being made - it's just that she isn't able to collect, untill it's proven).
This might build the fire you want. She stands to gain (theoretically) $10,000. In the meantime, she looses $800/mn. from her household income. Once the agreement is ratified into an order, her signing "bonus" will amount to a lump sum close to $3500 cash after all adjustments.
If, on the other hand, it becomes contentious. Then yes, she will want to "carry the fight" and the court battle will proceed. Because you have physical evidence of the children's primary residence and/or their being no longer qualified as "child of the marriage", there should be a variance ruling. And, because your offer could not be surpassed, with it on record you are eligible to gain award for court costs too, when successful. Considering a no bonus, for not signing the agreement, this could amount to a further loss of ~$2500 for her and whatever legal fees she may acquire.
The beauty of this... is that you are using the money that the govt. would normally steal from you, to bribe her, to resolve this artificial situation as quickly as possible and the least intrusion upon your children's and family life as it is becomming to be known (and not some femminist fantasy of equanimity or approaches to entitlement).
Please note: *Carrot and Stick approach was used successfully by eighteenth & nineteenth century industrialists, and rightly has a Chauvinist or "old boys" label for its manipulation of the people.
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