Legal Question in Family Law in Canada

My husband paid his ex child support for August through family maintenance (made the pmt online)and she decided that she would give it back to us (money order)The reason she gave it back was to pay for the boys to travel back and forth and for other costs as we had the boys for almost an entire month. Family maintenance says that they can make us give it to her again although their records indicate that the pmt was made. Can they do this? I did speak to another office and they said once it is out of their hands (family maintenance) it is non of their business what the receiver does with the funds. Is this correct? Thanks you !


Asked on 9/07/09, 11:25 am

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

You are correct; once the payment has been made the recipient can give it back if she wishes. They can not make you pay it all over again. You should however log on to the FMEP website and print off a statement as proof of the payment being made to FMEP in case they reverse the payment and claim it was never made. If they try, you have a good case against FMEP and they would in all liklihood have to pay you costs of going to Supreme Court to straighten it out (but not in Provincial Court).

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Answered on 9/07/09, 2:29 pm


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