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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 08-11-2017, 01:48 PM
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Rockscan - No to both of your questions. He has retained a lawyer presently who, in the most recent letter, has advised papers are drawn up and ready to serve if I don't let FRO know she is no longer in school. I am not financially positioned to come up with a retainer so I am trying to make an informed decision on how to proceed. I know I am entitled to the arrears currently on record but who knows when I will see that. Reimbursement for books and tuition are also not included in the arrears. So I have to quickly decide if I should let it go or proceed. It is so upsetting to see him continue to find funds for a lawyer but not his child and having no regard for her wellness or future.
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Old 08-11-2017, 02:49 PM
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You could just file a motion for the post secondary expenses and in it request the enforcement of arrears.

Did any of the lawyers say anything about the post secondary expenses? If it were me I would file the motion for the expenses and his proportionate share. Point out that he hasnt made his arrears payment and request the court refuse his filing of any further motions until his arrears are paid in full.

Considering my partner has paid everything he is obligated to and hes still being taken to court for costs hes not responsible for I dont think your request to have your ex pay what he owes is wrong.

You could self rep for the school costs.
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Old 08-11-2017, 05:57 PM
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Rockscan - I know nothing about what you are saying about preventing him from filing. Please share what you can about this issue. I have sought legal costs in every nonsense claim he has made. The awards are a mere percentage of what my legal costs are. I recall a $400 award once.
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Old 08-11-2017, 06:12 PM
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Rockscan - I have never had anyone broach the idea of preventing him from filing....please tell me more.
I always asks for costs when I respond to his nonsense claims. I have been awarded costs but they are a very small percentage of what I spend on legal fees. One award was $400
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Old 08-11-2017, 06:28 PM
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I dont know anything about it other than a couple people on the forum have said their exs arent allowed to file any further motions until the clear their arrears. Maybe search workingdad on this forum. I think at one point his ex had to clear arrears before filing...
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Old 08-14-2017, 08:11 AM
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Quote:
arrears counted explicitly by the existing court order for CS absolutely must get paid. But to go back and try to retroactively adjust that CS based on previously unreported income changes, would that count as arrears, or retroactive adjustment?
Arrears are support that is owing under an existing contract/order which therefore needs to be enforced. The recipient does not need to do anything other than show that there is an existing entitlement. The onus is on the payor to show that it has not been met, or perhaps to claim a retroactive reduction.

Retroactive support is a claim for an increase in support prior to the date of claim, which includes adjusting back support based on a change in income. The onus is on the payor to show why a retroactive adjustment is appropriate.

What can make this difficult to differentiate is that a successful claim for retroactive support results in arrears becoming owing (since it should have been paid but was not).
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