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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 07-06-2016, 10:33 AM
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Originally Posted by kingstonmomof2 View Post
I did get legal advice and was told that as long as specific dollar amounts were clearly listed it would be ok.
Then I recommend you return to that legal professional for the clarity you are seeking.

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Originally Posted by kingstonmomof2 View Post
I think the point of my question was this. My ex agreed because, he felt it was fair I guess, to pay for a SMALL portion of some expenses but has not done so since Dec 15th.
My point is that people can agree to all sorts of stupid nonsense and the courts are not obligated to enforce your agreement. If you made an agreement that the moon was made of spare ribs and the other parent said it wasn't at a later date do you think a court would enforce the "moon spare ribs" clause in your agreement.



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I was just wondering if there was a way to have him live up to his end of the deal.
You can bring a motion but, based on the info provided... The court wouldn't enforce the agreement. (See spare ribs argument above.)

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Originally Posted by kingstonmomof2 View Post
I haven't wasted anyone's time at FRO because I don't have a case #.
Nor would they give you one.

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Originally Posted by kingstonmomof2 View Post
So great example you have used above. It is written in our agreement that College will be split 1/3 1/3 1/3. How do I have him live up to that agreement?
You retain a lawyer and have them bring the matter before a judge. You provide the case law that is found in another thread posted by another user. You also search the information on google as it is easily found.

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Originally Posted by kingstonmomof2 View Post
I agree that cell phones are a privilege. He does as well BUT signed an agreement saying he would pay $15 per month for each child but hasn't.
I have a signed agreement with someone that the moon is made of spare ribs. For some reason the courts won't force the other person to state the moon is made of spare ribs.

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Originally Posted by kingstonmomof2 View Post
He isn't being scouted but has played on the same team for the past 4 years. I pay $1,800 and he pays $500.
Not special nor extraordinary. Players in MHL (house league) pay this in red division when you consider some of the team budgets.

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Originally Posted by kingstonmomof2 View Post
Health premiums are provide by ONE of our employers. (not ex's) and they COST (out of pocket) $30 per month ($15 would be his half) So, again, since we don't have a need to pay each other CS, are these other items not enforceable even though they are listed in detail with $ amounts in our agreement?
Really, you are going to go to court over 15$ a month? Penny wise - pound foolish.

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Originally Posted by kingstonmomof2 View Post
If they are....I would just like to know what steps I would need to take
Penny wise - pound foolish.

Good Luck!
Tayken
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  #12 (permalink)  
Old 07-06-2016, 12:07 PM
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No CS in your agreement? I think that if your agreement doesn't have CS in it, it's going to be difficult to get any part of it enforced. Parents can't just agree not to pay CS - it's the right of the child. I suspect that if you took the agreement to any FRO-like bureaucracy, the first thing they would say is "where's the child support?".

My advice would be to take your agreement to a new lawyer who will go over it to see what is legit and what is not. You may need to revise it substantially before you have something that would be accepted by a judge (the first step towards getting it enforced).
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Old 07-06-2016, 01:48 PM
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No CS in your agreement? I think that if your agreement doesn't have CS in it, it's going to be difficult to get any part of it enforced. Parents can't just agree not to pay CS - it's the right of the child. I suspect that if you took the agreement to any FRO-like bureaucracy, the first thing they would say is "where's the child support?".

My advice would be to take your agreement to a new lawyer who will go over it to see what is legit and what is not. You may need to revise it substantially before you have something that would be accepted by a judge (the first step towards getting it enforced).
Technically they can agree and not seek the other parent pay the child support owing. Happens a lot. What they can't get is a judge to turn their agreement into an ORDER without the details of child support being outlined clearly.

In fact, I doubt a judge would endorse an agreement as an order where they have funny looking stuff about S7 like this poster is outlining. A judge's first order of business is what is allowable under law. They will strip out all the nonsense about telephones and things that are not S7.

The last thing they need is goofballs showing up to court asking for something that was endorsed as an order like this. Sally got an order stating cell phones were S7 therefor my kids cell phones are S7... Judges will only order that which is allowable under law (legislation and case law).

Stripes is correct about getting a new (or an actual lawyer) to review the current "agreement" to see what is actually an enforceable clause.

Good Luck!
Tayken
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