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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 10-14-2009, 11:32 PM
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Default undue hardship and refusal to pay back child support

Hi I have a question for you. My ex husband has been refusing to pay back child support as well as him saying that he is claiming he can not place that amount becasuse of this as well saying he has limited discretionary funds because 1 - My ex husband is claing undue hardship based on the fact that he already supporting his girlfriends other 2 children as well as a girlfriend (she has a job outside the house as well as having a hair sallon in the basement of there home as well as very poor health who is so sick as to he probably will never leave he is in hospital. The other chilren that live in the house have a DO NOT recieve any child support from there biological father. I am somewhat confused is why my ex spouce resposible for the kids that are not biologically his to care for. He in may opinion should have to pay for his child first before taking care
he is in arrears for $7000.00
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Old 10-15-2009, 02:41 AM
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Are there Court Orders that define what CS your ex should be paying? If so, then you would need to contact FRO (Family Responsibility Office) and have them collect the arrears and enforce the Court Orders for CS.
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Old 10-15-2009, 03:05 PM
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While I agree that your ex spouse may not be legally required to support the kids he lives with being that they are not his biologically, he has some moral obligation. Is he not sharing their home? This is what I don't understand....in these cases where people blend families...so when it's time to go grocery shopping, do I think that my husband's ex wife and her current husband go, "um, ok, this loaf of bread is ours to pay for and this loaf should come out of the CS I receive for (my stepson) to have". It's ridiculous!

Any man who lives with a woman who has children from a previous relationship has some obligation to them by virtue of sharing a household/that they are minors and that he's sleeping with their mother!

And I agree, your ex should pony up and support his kids to the extent that he can.
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Old 10-15-2009, 03:49 PM
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Hi there is an custody order and I am going through FRO however he is making alot more than he was when we got it the first time, as well as the amounts have changed from when the order was made. I am in the process of trying to get an agreement from lawyers however he is now claiming to have limited discretionary (sp) income because of having to support 2 children, a spouse and a father-in-law to support. I realize he has a moral obligation to support 2 children however he should be paying for his own child first. It is not my fault her 2 childrens father refuses to pay for.
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