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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 02-05-2011, 06:14 PM
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Default Repayment of Cs against future Payments

Hello,

My former husband wants to reduce future Cs payments. We had a CS order and oldest daughter is now out of College and on own, since 2008. My ex never tried to reduce payments until this week. He is still obligated to support our 15 year old.

He says he has overpaid by $200 each month and wants repayment applied against future payments for the 15 yr old for two years, and then will resume paymentwhen she is 17 for one year until she is 18.

At the time he never paid for braces or college for either girl and I used the payments to help offset. Will the court accept this proposal, I am willing to reuce not and issue to guidelines but the overpayment should be factored against the addons incurred. Any one experience this?
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Old 02-05-2011, 06:16 PM
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Oops! I meant College for one girl, my 15 yr old is in HS
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Old 02-05-2011, 06:23 PM
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Did you have a clause on your agreement on how section 7 expenses would be handled? If not, I think you're out of luck trying to claim those things now if you didn't do anything about it at the time. If you didn't have it in the agreement it would seem that you're bringing it up now because he has asked to have CS adjusted in a manner which is suitable to the changes that have occured. If you did have a clause that dealt with section 7 expenses and you didn't do anything about having it enforced at the time you'd be hard pressed to have those expenses applied now.

Granted, if CS should have been adjusted way back when he should have filed then rather than wait all this time. If he wasn't aware of the changes until now he certainly does have a case to have the overpayment taken into account for future payments.

Not enough info to give any definitive answers.
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Old 02-05-2011, 06:33 PM
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Default Very Aware

Thanks for the response...yes he was aware at the time that CS would end for the oldest girl because he wanted me to contact FRO and tell them, I did write to them about ending the support for her, they refused they said he would have to take it to court and he did nothing for since April 2008, he actually had it in his claim and the letter attached that I sent Fro, so yes he was very aware of it.

Should I have taken this back to court or was that up to him, my lawyer had said make him do it and now we have overpayments and he wants it applied to future CS for the youngest. I think he has done this now because our 15 year old refuses to visit him and he mad.
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Old 02-05-2011, 07:00 PM
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Did you have anything in your agreement about section 7 expenses?
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Old 02-05-2011, 07:06 PM
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Default Hi

No we did not have anything in the agreement about how it was to be handled, he was aware of oldest in college (never offered to help) aware of yongest getting braces (never offered to help) He only paid $609 per month for both.

I am just wondering why he filed now? and the monies were used up to support the girls without going back to court each year...we have been in court since 1998, he has litigated me to death $ 90000 in legal fees. We divorce finally in 2007 and I remarried.

Both girls do not want a relationship with him and he continues to try the legal system.
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Old 02-05-2011, 07:12 PM
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As much as you probably don't want to hear it, if you didn't negotiate any arrangements for section 7 items then he has no legal obligation to pay any of it. Morally, it would be great if he did but you have a legal agreement which doesn't require it.

Regardless of his reasons for wanting the CS amount adjusted, he has the right to it based on the original agreement the two of you had and the fact that you are no longer supporting the oldest child so why should he pay you support for her?

I don't know how far he'll get having the CS applied to future payments but it's a possibility.
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Old 02-05-2011, 07:29 PM
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Default hi

Thankyou for the advice, my lawyer is looking over the documents and will advise as soon as he can.
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Old 02-05-2011, 07:32 PM
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This one comes down to which justice hears it...
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Old 02-05-2011, 07:41 PM
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Default Hi

I know it can go either way and part of me says maybe I should just accept his proposal but the other says wait he waited to change it, was aware of change two years ago and has never given me help with addons and was fully aware of them. as you can see we can speak outside of lawyers.

I don't think youngest should not have support for two years over this and the payment is going to be reduced from 609 to 337. He knows it was a struggle for me as a single mom all those years and that little extra helped alot. The 15 year old will be off in college in a couple of year and I will have to go back again to try and get add ons for that expense. I hope the court just does the adjustment and thats it -
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