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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 04-27-2009, 08:08 AM
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I will provide some background...my husband has two children from a previous marriage, he has always paid child support faithfully. 6 years ago lost her job and took him back to court to have his cs increased due to the fact that she would only be receiving EI. Since he was working the judge made him pay the full table amount (we have his children 47%). The children are now 19 (to be 20) not going to school but working and 17 (to be 18 in a few months). He will graduate, has never had a job and probably will not be going to college full time...how, he has no money.

My husband decided now because of their ages to exercise his right to cease cs for the older and address cs for the younger about to turn 18. We have, over the past 6 years written his ex letters asking her to address the amount of cs because she had started working again...she absolutely declined, but we did broach this about 4 times. A couple of months ago my husband found out that he can go through the FRO and they can send her a letter requesting this and we would not have to hire a lawyer, she delayed the response for 1 month (more money) and denied us. We got a lawyer and she sent her a letter saying we would take her to court... We figure she got the letter on a Friday..the kids were supposed to be with us that weekend...one came and the older stayed home with his mother who is not working again. The next time we would have them would be on the Wed. My husband lost his job on the Tuesday. They came over on the Wed, I got home first and they ganged up on me telling me they did not care that their father lost his job and that he should pay cs forever. They said their mother would lose her house and she didnt have a job. Their father came home shortly after and they started yelling at him. They said they hated me and they never wanted to live with us again. They did not care that he lost his job and we might lose our house, all they cared was about their mother (who dumps all her problems on them, crys all the time... you get the jist). Everything she could never give or provide, we did even though we were paying cs. My husband, who has done everything for them said fine...leave...that was last Wed.

Will this work against him from a legal point of view. HELP! it just gets worse
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Old 04-27-2009, 04:02 PM
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We have, over the past 6 years written his ex letters asking her to address the amount of cs because she had started working again...
Her working or not has no bearing on him paying CS.

A couple of months ago my husband found out that he can go through the FRO and they can send her a letter requesting this and we would not have to hire a lawyer, she delayed the response for 1 month (more money) and denied us.
Your husband has the right to go through the FRO if he wishes. You may want to investigate the pro's & con's of doing so. Some people have had problems with them. One benefit to doing so is eliminating the contact with an Ex regarding payment of support.

Will this work against him from a legal point of view. HELP! it just gets worse
If you are referring to your husband asking the boy to leave, no. You don't have to put up with such foul-mouthed behaviour from young adults. The boys are at an age where they should both be working for their own money. Your husbands responsibility to his Ex ends with providing her the correct amount of CS as ordered by the courts or by mutual agreement between the parties. His lack of employment will be taken into consideration. The boys have no business discussing financial matters with you and their Dad and being so rude in the process.
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Old 04-27-2009, 06:28 PM
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Quote:
Originally Posted by Suchislife View Post
Her working or not has no bearing on him paying CS....
It does in this case because they share physical custody 50/50. He was ordered to pay the full table amount because she was not working. If she is working then he should deduct her table amount from his full table amount when paying her (the "set off method").

Did you have a different point in mind Suchislife, because this was pretty clear in the original post.
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Old 04-28-2009, 12:01 AM
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Sorry, my mistake.

I saw 47% and it didn't register as 50/50!!

Still, even on EI was the Mother not given any sort of imputed income to offset the table amount 6 years ago??
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Old 04-28-2009, 02:59 AM
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Because the FRO has no jurisdiction to change the amount of orders -- Your matter rests with the court.

Bring forth a variance action and attribute income to the other parent if the matter goes contested.


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Old 04-28-2009, 07:20 AM
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Thanks to everyone for your responses. Perhaps I should clarify...6 years ago when she took us back to court it was because she lost her job. She also tried to claim Undue Hardship...that did not fly with the judge, but she was awarded the full table amount despite the 53%/47% custody arrangements. Since the six years she has had 3 jobs, we tried to approach her to discuss reduction in cs...obviously because she now had income and the judgment was when she was receiving 18k EI...we have been paying her the full table amount for the past 6 years regardless of whether or not she was working (and she was 80% of the time)..it is just now that the boys are almost 20 and 18 we are addressing this. WE have substantially overpaid her for years not to mention when the oldest turned 18 and was not in school we could have tried to cease cs then..we did not and he is almost 20 now. Currently she is unemployed again...and just recently my husband is also unemployed.. Does this help explain things a little better?
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Old 04-28-2009, 07:29 AM
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Default It just gets worse

One other thing...for the duration we did not try and cease cs we just wanted it reduced since her income was now well over 18k..we just wanted an adjustment. We know that we are responsible for cs until the age of 18 and if they are not attending school full time.
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Old 04-28-2009, 07:34 AM
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just take her back to court and get the CS for the oldest ended and a date set for the cs for the youngest to end. You should have dealt with the oldest one as soon as he turned 18 and got it stopped. You probably would have saved yourself some money.
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Old 04-29-2009, 10:09 AM
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Default It just gets worser, more worse...the worst (is that a word?)

Hi,

Latest update..we had to hire a lawyer to send to my husbands ex giving her one more chance to agree to cease cs for the almost 20 year old (this is what propelled the kids to come over and confront us). His ex had to reply by April 24th or else she was informed that we would be going to court and the lawyer would request an order from the court asking that my husband's legal fees be paid "on a substantial indemnity basis, in addition to the amounts that have been overpaid to date". NO ANSWER FROM HER. The lawyer did not contact us on the 24th, my husband emailed the lawyer on the 26th , no response. He finally spoke with the lawyer yesterday. She said she was too busy to address this, this week and would be away next week. Then when his was informed, she gets ANOTHER month to respond...my husband is not working, his severance will be gone by then...and we are informed that very rarely does a judge make a mother re-pay anthing back, once they have..its as good as gone. Plus his ex doesnt have a job right now, how is she going to pay for any legal fees. His ex constantly bucks the system....what can we do to expedite this???
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Old 05-01-2009, 10:15 AM
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I have been reading horror stories regarding FRO and what they can do to you and how slow they are. My husband is not working and we are feverishly trying to get our lawyer moving on making a court date, sending out the notice to his ex (giving her another 30 days)...However she is feverishly working on getting her children signed up in College...so by the time we go to court he will still pay.

Since my salary has been cut and I am the only one working out of my husband, his ex and their kids...I could lose everything if he still has to pay and mark my words she will have them enrolled in birdewatching if it gets her what she wants.

I see that FRO could take his license away, garnish his bank accounts - which are MINE too..I dont want to sound mean but this is ridiculous.....my question is this.......

What if we had the house, bank accounts etc..all put in my name....could they get me then? I am absolutely terrified!
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