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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 07-28-2017, 03:03 PM
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Default STBX motioning for refund of C/S overpayment

Hello all,

well, things are in the trenches and I am headed back on another motion very shortly.

BACKGROUND

children (D17, S15, S14, D12) all live with me, OCL + clinical assist involved for years and all satisfied with the children living with me. Final order for joint custody in place and temp order for access to STBX with the children primarily residing with me.

STBX counsel motioning for a section 30 assessment. WTF ??!!
STBX counsel motioning for refund of C/S citing that her income for this year. Shouldn't they have done this asap ?

In response i have cross motioned for the period in which C/S was do and not paid.

QUESTIONS

The periods are roughly the same. Anyone have any idea as to how a Justice would rule on the amounts ? I.e. I am thinking of arguing that STBX tacitly approved of her C/S over payments, where as the amount that she did not pay
but owed is dictated by statute law.

Any help would be most appreciated. BTW i know this is petty, but I am having to fight fire with fire it seems.

PND
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Old 07-28-2017, 03:09 PM
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I would just take the over payment and apply it to the underpayment arrears. That shows you are being reasonable.
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Old 07-28-2017, 04:07 PM
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Do a chart of what should have been paid and what was paid and put it in your materials.
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Old 07-28-2017, 04:15 PM
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Quote:
Do a chart of what should have been paid and what was paid and put it in your materials.
Very much this.
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