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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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  #11 (permalink)  
Old 09-10-2017, 03:42 PM
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Rockscan I will try to get those answers I know the child that is almost 21 is still in school. I am hearing it is motions being filed but it sounds like they are being handled through mediation with her lawyer and his but there is no court date before a judge that I know of.
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Old 09-10-2017, 04:32 PM
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I did mention motion to change however should I clarify the ex is trying to get full custody now to have my sister pay him child support and have the arrears forgiven. He has been attempting to turn the youngest two boys against her and has done this before where he tells her he will keep the boys until she signs the papers and he tells the boys to go along with this. But I did not want to mention this as I don't know if there's much can be done about children chosing sides etc. The police and her lawyer already said they cant do anything about that but that is part of why this does not make sense. But is there something about a child that is still in school turning 21 that could be the cause for all of this intensifying?
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Old 09-10-2017, 04:49 PM
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If a child is still in school, in their first degree and under 25, he will be obligated to pay child support (if kid is at home) and a portion of the school expenses.

Even if the kids went to live with him tomorrow, he still has to pay the child support he owes. If the kids did go live with him, she would say she will take her cs out of the arrears he owes her. For instance, lets say she owes him $100 a month in cs. She could go 16 months paying nothing.

How old are the other kids? Has she thought about counseling to help them understand what is going on?

Make sure she gets everything from him in writing. Dont take calls, dont talk at the door, nothing. Tell him he can send her a text or an email and then she keeps everything. She can use that as documentary evidence that he is bullying her into an agreement.

There are so many issues and I hope she has a good lawyer. Her ex cant have arrears expunged if he has been working and able to pay. She definitely needs to find out why FRO is not collecting that money!!
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Old 09-13-2017, 05:57 PM
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Thanks for the info Rockscan the other kids are in their teenage years and in high school. If my sister asked Fro to collect would this all end because they are trying to bring her to court for early october however I believe they will bring her in to mediation to intimidate her again instead of court on the court date. What happens if she asks for Fro to collect?
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Old 09-13-2017, 06:24 PM
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Quote:
Originally Posted by DaveJ View Post
Thanks for the info Rockscan the other kids are in their teenage years and in high school. If my sister asked Fro to collect would this all end because they are trying to bring her to court for early october however I believe they will bring her in to mediation to intimidate her again instead of court on the court date. What happens if she asks for Fro to collect?
Sadly, FRO is only a first step. Probably what will happen is that when they approach her ex to set up payments, he'll tell them he's trying to end the payments and has an upcoming court date. FRO may decide to wait to see what happens before trying to collect anything. She may have to convince them that the children are still underage or still in school, or at the very least, to collect partial payments to address his CS obligation for only the underage children and the arrears.

Going with FRO wouldn't end her ex taking her to court though, and will likely give him another demand to add to his list. The way to end that is to either negotiate with him, or go to court like he's asking, and make a successful argument for why what he wants is wrong. But in the meantime, hopefully FRO would get some money out of him.
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Old 10-13-2017, 05:25 PM
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If sister has a FRO File established, it should be a simple matter for your sis or the FRO to go to Court and get a Default Hearing on the CS issue. This should start the payments flowing based upon the separation agreement. Judge will make a temporary order where ex will have no option to skip payments until his motion to change is completed, which can take months or even years.

I will never understand why people wait until arrears are sky high before taking legal action to get their money. Also I don't understand why Recipients do nothing while waiting for the FRO to act. If someone owed me six months CS, I would lawyer up to get a Default Hearing with further delay.
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