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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 01-30-2017, 12:11 PM
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Personally. I find this baffling. But what do I know.
My friend is divorced, his ex called asking him to pay for half a bed... I said hell no it's for her house. You don't furnish her house...
she told him if he didn't pay, she will take him to court as he isn't paying enough child support.. I said crazy. Call bluff.

Well... she served him lol. So here's the deal
They don't have a SA. But are divorced.
She makes 100k with a spouse around 130k, my buddy is

around 60 but more like 30 last two years (hip surgeries)

In her brief she even stated they have a verbal agreement for him to pay $250 and they had shared custody

Since 2014 the child (16yr) has not wanted to see the father, but he would like to see her

She ALSO stated that she's asked for money for extra expenses in the past and he paid them, except this time regarding $800 bed... "when he said no, I reminded him that he is paying less support than required......". <----this is clearly where she "threatened".

And on the sheet where it asks if a persons or spouse you are living with currently have a charge. She said no, but that is incorrect

She is also seeking sole custody, back pay for CS as well

Let's hear it gang!

Phats


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Old 01-30-2017, 12:52 PM
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Quote:
Originally Posted by phatkid77 View Post
Since 2014 the child (16yr) has not wanted to see the father, but he would like to see her
So father is a NCP, and must pay table support.

Quote:
She makes 100k with a spouse around 130k, my buddy is
around 60 but more like 30 last two years
For a NCP, the income of mom or her spouse is of course irrelevant.

At $60k: CS would be about $550/month
At $30k: CS would be about $245/month

Quote:
In her brief she even stated they have a verbal agreement for him to pay $250 and they had shared custody
They clearly don't have shared custody any longer. The question will be whether your friend can make $30k or whether it will be imputed at $60k. If he gets income imputed, he obviously has been underpaying since 2014 and so will owe retro CS.

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And on the sheet where it asks if a persons or spouse you are living with currently have a charge. She said no, but that is incorrect
I don't get the relevance to CS.

To me, the only fact in question is whether income will imputed at 60k or if 30k will suffice. Nothing else seems to be particularly tricky.
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Old 01-30-2017, 01:08 PM
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Thanks Janus
Since she just now brought up the CS... I've read here tough to claim back pay if she never notified him to pay more or she wasn't happy?
I told him what he has been paying would be enough for full support anyway.. but back to work it will change next year. I said not getting around that.
My mind boggled is because she's been fine with the 250. Didn't get her way for him to pay half a bed so she threatens to take too court. Sad in my eyes. Extortion or bribe in any other world lol
The spouses charge is irrelevant for CS... just wondered about falsifying court documents, and how bad that is.


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Old 01-30-2017, 01:13 PM
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The payor has an obligation to pay the correct amount of support. Not paying the correct support hurts the children.
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Old 01-30-2017, 01:21 PM
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Quote:
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The payor has an obligation to pay the correct amount of support. Not paying the correct support hurts the children.


No one is disputing that... what is peculiar is she made a VERBAL agreement for 250 and because he won't furnish the exs house basically she wants to go to court.
People r fecked


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Old 01-30-2017, 07:39 PM
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No one is disputing that... what is peculiar is she made a VERBAL agreement for 250 and because he won't furnish the exs house basically she wants to go to court.
People r fecked


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This is what happens when folks don't follow the law and guidelines. Verbal means little, he may have had a case for no retro of he had a written agreement. Best bet is to update his CS obligations and avoid the costs of court. At 16 the child is going to have a strong say in where she goes. No sense in fighting this


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Old 01-31-2017, 07:37 AM
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Well. No written agreement OTHER than in her brief HER saying they had verbal agreement.
As it stands. He is paying the proper amount I guess.
He doesn't want court I'm sure. Not sure how he would avoid it..?
She likely WANTS back pay so will go to court (husband may lose his job. Perhaps why horny for money)


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Old 01-31-2017, 10:58 AM
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Originally Posted by phatkid77 View Post
No one is disputing that... what is peculiar is she made a VERBAL agreement for 250 and because he won't furnish the exs house basically she wants to go to court.
People r fecked


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Verbal agreements can't be enforced in court. Nor can a handshake. All agreements need to be in writing. Courts don't sort out he-said she-said BS.

The only valid element to anything is the determination if the party is paying the right CS. Everything else is just a fart in the wind...
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