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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, 08:25 PM
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True that the youngest shouldn't be un supported however it can be argued that:

- you could have banked the overpayment for the future so she wouldn't be, although you would never have recieved that extra to support her at all if you only had one child,
- that you should have considered section 7 expenses in your agreement or applied to have the agreement changed to include them. you didn't but now want to hold him accountable for expenses he never consented to

It seems that since you're revisitting everything anyways it would be a good time to have all those issues addressed, include section 7 items moving forward including post secondary expenses for the 15 year old.
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Old 02-05-2011, 09:50 PM
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I am not commenting on what he should be doing for Section 7, etc - that is between you and him. In my opinion though, one IS morally obligated to cover section 7 (medical, etc) according to income, including post secondary, but that is not what you are talking about - you are talking about CS for dependent children.

On its own though, from the time the oldest was on her own, you should not have accepted the CS that was for her. Simple. Just because the FRO threw up a road block is not an excuse, you took money from him that was to support a dependent child that was no longer dependent. Not withstanding any other issues, a normal moral person in this situation would have simply given the money back to him directly after it was taken from him by FRO.

Simple.
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Old 02-07-2011, 02:10 PM
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The CS should have continued for the oldest child as long as she was still attending post secondary school. That is fairly standard.

He was ALSO obligated to pay a proportional share towards her education. Now YOU should have pursued it then. IF the oldest child has student loan debts, you can ask that he be made to contribute towards reducing them and I would suggest you do so.

FRO has forms for voluntary withdrawal or reduction of the amounts. The onus was on YOUR EX to either ask you to sign the forms OR file a motion to change with the court to have it reduce. Him waiting until NOW to do so doesn't look very good and it's a total crapshoot in terms of the outcome now.

Regardless I agree with billm that you should have reimbursed him the monies if you were willing to accept the reduction at that time. (ensuring you got receipts for it to prove you did so)

Hindsight being 50-50, you are better off negotiating with him. Agree to let the amounts of CS he paid be considered him contribution towards the daughter's education OR you file motion to make him pay up for the oldest child's educational costs, since he did not contribute, AND have a clause added for section 7 expenses to deal with this kind of stuff regarding the 15 year old.

Last edited by NBDad; 02-07-2011 at 02:12 PM.
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Old 02-07-2011, 08:40 PM
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she has seven thousand dollars in college fees and continues to pay a student loan all of which he refused to contribute to. I agree with adjusting the support but Will he have to explain why he is now changing it two years later. I contacted FRO in 2008 and said drop the support and childcare expenses and they said he would have to get a court order. He was told this and nothing came about it, so I just left it too.

The issue is you can not deal with him outside of court or the law and this is the first timehe has provided financials since 20005, even he did not uphold exchanging tax returns at last conference in 05 and I have that in my running record from a judge, so you tell me how do I deal with someone who ignores everthing and laughs in my face? Court every year?

This will be brought up in court so I have hidden nothing and produced everything when asked. Will the court hear this and give him the right to retro and not me?
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