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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-01-2016, 06:21 AM
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Default FRO - Arrears - CS

I've received an order that CS will commence the beginning of Oct.

Judge stated that CS will go through FRO.

There are significant outstanding CS arrears. I received an email transfer from the ex, starting that the funds are for the month of CS.

My question is,

should I accept the etransfer and use towards outstanding arrears? And make a note of that in the response acceptance of funds?
Or
Not accept and send a letter reminding the opposing counsel that as per the judged decision we are going through FRO?

I'm not sure what the best course of action would be in the long run.
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Old 11-01-2016, 07:43 AM
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Quote:
Originally Posted by toothfairy81 View Post
I've received an order that CS will commence the beginning of Oct.

Judge stated that CS will go through FRO.

There are significant outstanding CS arrears. I received an email transfer from the ex, starting that the funds are for the month of CS.

My question is,

should I accept the etransfer and use towards outstanding arrears? And make a note of that in the response acceptance of funds?
Or
Not accept and send a letter reminding the opposing counsel that as per the judged decision we are going through FRO?

I'm not sure what the best course of action would be in the long run.
Is Fro aware of the arrears? If the email transfer says its for CS then I would send it back to the parent and say for them to pay it to fro instead of you. Keeps things less complicated trying to keep track of when/what money was paid. CS is one thing and CS arrears are something else.
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Old 11-02-2016, 11:44 PM
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is arrears are ordered to be paid through FRO then that parent shouldn't be sending you money directly, it HAS to go through FRO, unless you both agree to withdraw from FRO.

System's messed up, trust me, it's designed to create confusions, and work for lawyers
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Old 11-03-2016, 06:57 AM
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Don't be silly, keep the money and laugh all the way to the bank.

If payor proves he has paid the money to FRO, then you get exactly what you were supposed to get. If payor doesn't prove he has paid the money to FRO, then you potentially get to double up!

I don't understand what benefit there is for OP to not accept the email money transfer. It is not up to the payee to keep track of stuff, that's between FRO and the payor.
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Old 11-03-2016, 07:36 AM
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Don't be silly, keep the money and laugh all the way to the bank.



If payor proves he has paid the money to FRO, then you get exactly what you were supposed to get. If payor doesn't prove he has paid the money to FRO, then you potentially get to double up!



I don't understand what benefit there is for OP to not accept the email money transfer. It is not up to the payee to keep track of stuff, that's between FRO and the payor.


That's just disgusting and perfect way to create unnecessary conflict


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Old 11-03-2016, 08:54 AM
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Payors need to read this forum and realize how horribly they can be screwed. As a payor, you cannot rely on the payee to be nice. You need to assume that you are going to be screwed.
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Old 11-03-2016, 09:09 AM
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Payors need to read this forum and realize how horribly they can be screwed. As a payor, you cannot rely on the payee to be nice. You need to assume that you are going to be screwed.


If the payee accepts it knowing its for arrears and knowing Otis to be paid through FRO then she could be seen as equality guilty


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Old 11-03-2016, 09:11 AM
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Its called acting in good faith and if the recipient accepts the money knowing its wrong then they look bad for any future court action.
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Old 11-03-2016, 09:25 AM
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You guys live in some fantasy world where life is fair. In the real world, recipients don't get in trouble for taking money, ever. I've even read rulings where judges have found that the recipient was clearly wrong to take the money, but then the judge still didn't order it to be repaid because it would cause a hardship to the child.
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Old 11-03-2016, 09:42 AM
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Yes and the OP is the recipient and since you seem to be so against child support being paid and how difficult it is to have it clawed back then you probably should be telling this person to not take more than they are owed.
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