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-   -   Unrealistic offer to settle (http://www.ottawadivorce.com/forum/f3/unrealistic-offer-settle-21311/)

Kimmanny 09-11-2017 10:07 AM

Unrealistic offer to settle
 
So my ex just sent me an offer to settle. She wants me to pay guideline support for our daughter based on an income that is almost 10,000 more than I actually make. She wants me to pay retroactive within 90 days of over 16,000 based on an imputed income of 12,000 more than I make because she's saying I've been working "under the table" (which I haven't and she has no evidence of), and she wants me to sign saying that if our daughter decides to keep going to college after this program that I will resume paying child support and it will keep being paid until she has not been in school for a solid 3 years, then child support would terminate.

My daughter wants to start a new program again in the fall of 2018, but it's in no way even related to the first one. I don't even have a high school diploma, so I'm lucky to even make what I do today.

Is my ex on crack? Who would ever agree to sign an offer like that. It's not reasonable and it's completely unrealistic. Can she even ask the court for retroactive that far back, especially since she already signed a withdrawal form with FRO after our daughter was done high school agreeing she was no longer a child?

Any thoughts?

rockscan 09-11-2017 10:37 AM

Did she provide you with any documentation on the program and your daughters enrollment?

She cant ask for child support for time kid is not a child of the marriage. She also cant ask for payment for additional degrees over what she completes especially if they dont relate to the first degree.

You could counter with what was suggested to you previously. Full table support for this degree based on your actual income, proportionate share of school expenses and a review of the program when kid finishes this degree to determine appropriateness.

Remember that to argue costs you need to win. If you go with what a judge would order (which several people including myself have said) you have a better chance.

Kimmanny 09-11-2017 10:50 AM

At this point she has sent me 1 sheet of paper showing that she was enrolled in a 1 year veterinary assistant program and she's given me a copy of what her loans were from osap. She has also sent me information about the course she is planning to take next fall. Other than that, she has not given me anything else.

What are the chances of a judge imputing income I didn't make and making it retroactive all the way back to 2009? The claims she is making is outrageous.

Janus 09-11-2017 11:09 AM

Quote:

Originally Posted by Kimmanny (Post 223496)
Is my ex on crack? Who would ever agree to sign an offer like that. It's not reasonable and it's completely unrealistic.

Don't forget to send your own offer to settle that is reasonable. If hers is unreasonable, that's great! She won't get costs.

Quote:

Can she even ask the court for retroactive that far back, especially since she already signed a withdrawal form with FRO after our daughter was done high school agreeing she was no longer a child?
Totally, child support can't be signed away. She may or may not get it, but it is certainly within the realm of possibility.

Either way, send an offer to settle!

Kimmanny 09-11-2017 11:55 AM

I plan to send a more reasonable offer, but she would never agree to anything reasonable.

Obviously I know she can ask for retroactive, but how likely is it that she would get it that far back for something she can't prove. I've never gone into arrears, she just wants more money. How credible would she look? Also, this is not likely to be heard until after she finishes her program. Could they even award retroactive when she is no longer entitled?

Seems like she is putting me through so much bs for nothing.

rockscan 09-11-2017 12:05 PM

Have you shared your income changes annually?

You should go back three years and figure out what your actual income was and what you owed for cs. You add that to your offer to settle.

As far as the child not being a child of the marriage when its heard, this is a crapshoot defense to do nothing. The judge could still rule you are the hook for the previous amounts and apply it to her future degree. I wouldnt fall back on "well my kid will be done by then" as a way to avoid it. There have been orders for payment of cs and s7 after the fact to be applied to kids loans and bills. You dont want to take that chance.

File a reasonable offer and go from there. She will take it forward and hopefully will listen to reason in the first case conference.

rockscan 09-11-2017 12:08 PM

Unrealistic offer to settle
 
And if you think Im crazy, my partners ex is playing the "hes been underemployed and has money" argument. Yes she has to prove it but my partner is still having to defend himself through it. As much as he hates having to do it, he submitted an offer to settle that is in line with what the court would order. His ex will more than likely reject it but at least it helps him in the long run for a costs decision.

Kimmanny 09-11-2017 12:39 PM

There is nothing to add. She knows my income, she wants more income imputed. I'm not going to offer her money based on what she thinks should be imputed when I've paid what I owe already.

rockscan 09-11-2017 12:56 PM

Then dont include that.

The onus is on her to prove that you are earning additional money or that you could be earning more. She will have a hard time doing so. Get a counter offer out and prepare to battle on the other costs. More than likely you will be on the hook for cs for the months your daughter is in school and your proportionate share of school expenses.

Kimmanny 09-11-2017 01:31 PM

My ex emailed her offer to settle form with her signature. Would my counter offer need to be as official or can I just reply with a counter offer in a reply email? I didn't think this type of offer was done until a motion. We are only having a case conference coming up.

How much costs can she reasonably ask for being self represented?


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