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

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  #11 (permalink)  
Old 11-02-2016, 07:56 PM
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There is rule that says once child support is paid it is never clawed back. Not sure if it applies here as the logic is that the custodial parent is assumed to have "spent" the money.
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Old 11-02-2016, 07:57 PM
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Thanks for the info and advice...it has only been a couple of weeks and mom is in no way going to sign anything I give her. I will call FRO case manager and let her know. FRO will NOT waiver from any court order...even though in the court order it stated that they are to adjust accordingly...They can't do that because there is a number value on the order.....
Will check in with FLIC and see what forms I need and go about a motion to change CS. It would be nice if she would talk to me and work with me however she has chosen her path. Thanks again for advice.
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Old 11-02-2016, 09:09 PM
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FRO may keep collecting from you, but may not pay it out to Mom if you tell them you are going to court over it. I have heard of this happening, that way they don't have to claw it back. If you dispute, Mom may have to prove to FRO that she is still entitled. Good luck!
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Old 12-07-2016, 10:07 PM
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Quick update with case: I spoke with FRO case manager and she confirms that if mom sends a letter acknowledging son is living with me full-time they will adjust the amount based on the court order for my daughter.
Mom has been informed and will not do or sign anything and has now threatened to go after me for even more claiming I have not provided her for the past 3 years my Notice of Assessment. She never once in that time asked for them, and we would have to go to court to change the order as it had listed a yearly income for me.
She is also claiming that she hasn't submitted section 7 expenses, I asked what since neither child is in anything or in daycare as they are 14 and 16 yrs old. I tried to explain that we would have to go to court to change the CS, and I just have to assume that the last 3 yrs she had been comfortable and satisfied with the order. She now wants to get retroactive CS. I don't understand where she is coming from. Section 7 expenses should have been given to me at the time they were being used, not months or years later considering what they are?!?
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Old 12-07-2016, 10:12 PM
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Does your agreement state you have to agree in advance to s7 expenses?

Also, you are obligated to advise when your income changes regardless of what your agreement states. You could calculate what you owe and agree to no cs until that amount runs out.

Unless she withdraws from FRO you will need a new order to change it.
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Old 12-07-2016, 10:14 PM
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Ignorance of the law is not a valid excuse for not providing, unprompted, your financial information to your ex. You don't "wait" for her to request it.
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Old 12-07-2016, 10:21 PM
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Quote:
Originally Posted by rockscan View Post
Does your agreement state you have to agree in advance to s7 expenses?

Also, you are obligated to advise when your income changes regardless of what your agreement states. You could calculate what you owe and agree to no cs until that amount runs out.

Unless she withdraws from FRO you will need a new order to change it.
I sent her a signed withdraw from FRO...Fro won't change the amount of the CS without a new court order, I assume she didn't want to go to court.

My Order states, " the parties shall share equally any special expenses (add-ons) as defined by the Child Support Guidelines other than childcare costs. Each party shall be responsible for their own child care costs incurred while the children are in his or her care, including but not limited to summer camps.
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Old 12-07-2016, 10:24 PM
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Why am I ignorant she knows we would have to go back to court to change the order every year. My pay fluctuates year to year as I am in a unionized position and have a 3 year contract currently.
She never indicated she wanted to go back to court! I know I didn't!
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Old 12-07-2016, 10:41 PM
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Regardless of whether or not you go to court you are supposed to exchange financials. This isn't something you should shy away from. If your ex receives your financials in a timely manner every year and then tries to go back on you 4 years down the road she would have to provide a very good reason why she didn't initiate a motion to change at the time she was aware of your financial change of circumstance. If she can't come up with a valid reason then her attempts might very well be declined by the court.

If you or your ex do not provide timely full financial disclosure every year one runs the risk of appearing to be hiding something. Remember "appearances are everything" applies to family court as it does to applying for your first job.

Last edited by arabian; 12-07-2016 at 10:44 PM.
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Old 12-08-2016, 08:08 AM
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Regardless of intentions, attitudes or need for court, the onus is on you to advise of income changes and her to update. Youre both at fault.

At this point if you want cs to change and shes unwilling to sign the forms, you need a new order. That will mean you will have to answer to why you didnt advise of your income changing. You are both responsible.

As for s7, you will need to find out what she has enrolled the kids in and see what those costs are.
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