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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 09-27-2016, 10:56 AM
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Default Child of marriage now 18... Retroactive Cs?

My stepson is now 18, not in any school program and working full time for a landscaping company. My husband is considering filing with the FRO to end his support obligation, or getting a lawyer, not sure if we have to or not.

We are however worried about retroactive CS.

His ex wife, who has custody of the 18 year, old stated 4 years ago that she was done asking for CS increase and financials, because she was on disability ( and working under the table) and at the time we had custody of the oldest son.
So basically she had full custody of one son and we had full custody of the other, and CS was based on us paying 400.00, based on income, with no offset due to Mom being on disability.
Our concern, even though we were never asked to provide financials, and she was working and didn't ever provide us with financials, and we did not ever receive offset for CS for the oldest, that now that both boys are over 18 and no longer children of marriage, that if we make a motion to end support, she will now lash out at us and ask for retro payments, as my husband does and has made more money......Would this be a legitimate claim?
We were at no point avoiding paying, she stated she did not want to go after more money, and we felt that was fair because we had custody of a child with no support at all.
Sorry if this is confusing......
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Old 09-27-2016, 11:05 AM
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Start with contacting FRO to get the form to fill out on terminating support. You fill that out and send it in. They will hold cs payments while this is underway.

Next email ex and tell her now that kid no longer considered a child of the marriage that cs will stop and you have contacted FRO on this and she should be receiving documentation shortly. If kid returns to school full time you are aware cs will reapply.

If she responds on overpayments, underpayments etc you advise that following proof of her income for the last three years you are open to calculating arrears. DONT provide this option until it is asked.

You couldnt calculate offset without the proper financial info. If she wants to provide it then you can calculate. Im sure the overpayment paid to her would affect her odsp which would reduce her interest in a "winfall".
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Old 09-27-2016, 01:56 PM
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Was that $400 based on one kid, or two?

If you were paying for one kid and she was not paying at all, she would owe you money. Probably not much since she's on ODSP but I guess it depends on her undeclared income.

If you were paying for two kids and she was not paying at all, she would owe you money. More in this situation than in the above.

She felt not paying this money to your husband was offset by not asking him to increase the CS as his income went up. Motivation was probably to avoid having her financials looked into too closely because she would lose some ODSP.

That motivation probably still holds true. I would just move to end CS and see what she does. If she starts moaning about figuring out arrears, then yes, ask for full financial disclosure, including her under the table income, so the proper amount of arrears can be calculated. She may back off.

For all you know, ODSP may think she still has two kids living with her.
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Old 09-27-2016, 04:29 PM
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400.00 was based on one child. We used to pay 657.00, however we had a Motion to Change for CS and custody. Sadly the judge only ordered it to start as of the court date and not retro so we paid for two kids for one year while one lived with us.........Judges !!!!
She is no longer on ODSP....... She suddenly became able to work again, once said child became 18 himself and was no longer eligible for her to claim as a dependent, with all the government credits that come with it. There isn't the same "grey area" when it comes to Social Services making payments.

Judge ordered she did not have to pay offset due to her ODSP, when custody was first given to us, however; I do believe that she was reluctant to have this revisited, when my husbands income increased, as she was living common law and working under the table at the time.Therefore not entitled to ODSP. Also, all CS paid is assigned to Ministry of Social Services, ( this will not be the case come 2017, as CS recipients on Social Services get to keep the CS on top of payments).
It was never a benefit to her to increase the CS, and perhaps a detriment if she was ever called out by a judge to pay CS herself.
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Old 09-27-2016, 04:33 PM
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We figure we have no choice but send a letter to terminate CS as rockscan suggests. Just hope we don't get nailed with retro, because that would be just another kick in the head......even though it would all go to the Ministry and not Mom in the first place.
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Old 09-27-2016, 05:35 PM
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I will be very extremely interested to hear the outcome of this situation. It is unbelievable how similar my situation is to yours. Read here:

http://www.ottawadivorce.com/forum/f...-paying-20320/
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