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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 04-10-2012, 12:19 PM
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Default Should I wait? Ex not paying CS after hearing.

The X and I recently attended a 1 day hearing regarding CS variation. Our current order has been in place nearly 8 years and X has never missed a CS payment. Since the hearing he has not paid any CS (2 payments). He won't respond to any inquiries as to why he's suddenly stopped making CS payments. It seems as though he wants to wait until the judgement comes in before he continues or ceases CS.

Is it best I just wait?
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Old 04-10-2012, 04:36 PM
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Did you get the decision regarding the judgement yet? Or are you waiting to hear? If he's not paying, then you should prob file with FRO after you get the new order.
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Old 04-10-2012, 05:09 PM
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NBDad,

The decision has not come in yet. Hearing was 1 month ago - we could have the decision any day or it could be another month or more. He's missed 2 bi-weekly CS payments and won't provide any explanation. The only explanation provided so far far when asked if he was aware his CS was late was "I know, I have a calendar". Nothing since ...
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Old 04-10-2012, 05:45 PM
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The original agreement is not filed with the FRO?

If not, I think you will have to wait - then as NBdad said - file it once you recv it.
Either way - he is accumulating arrears. Is the new CS order for more money - or less?

Great answer - "I have a Calendar." Sounds like he needs a calculator too.
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Old 04-10-2012, 05:57 PM
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hadenough,

The original agreement has never been filed with any enforcement entity. There has never been an issue receiving CS from him (8 years) until just after our hearing. Until the decision of the variation hearing comes out we have no idea what the CS payments will be. My understanding is that our current agreement, our Divorce Order, remains valid until the judge releases their decision regarding the variation hearing.
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Old 04-13-2012, 03:26 PM
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A couple more emails went unanswered, although he did ask about our daughter's dental claim and when he can expect his money.

I guess if he doesn't pay his CS tomorrow when he drops the children off I'll have to register the current order for enforcement.
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Old 04-13-2012, 04:06 PM
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Well, he obviously has a reason for not paying. Are you sure you don't know what his thinking is on this?

Before registering with the FRO, I would tell him that you will be doing so with the current one and the next court order, unless he starts to talk about this.

I think most people would like to avoid the FRO.
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Old 04-13-2012, 04:40 PM
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What was the reasoning for the motion for variation of cs?
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Old 04-13-2012, 05:01 PM
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Quote:
Originally Posted by Linear View Post
hadenough,

The original agreement has never been filed with any enforcement entity. There has never been an issue receiving CS from him (8 years) until just after our hearing. Until the decision of the variation hearing comes out we have no idea what the CS payments will be. My understanding is that our current agreement, our Divorce Order, remains valid until the judge releases their decision regarding the variation hearing.
It sounds like he's holding out for the judge's decision. Like you said, you have no idea what the new CS will be. And it'll likely be backdated to the court application date (or more, depending on what was asked for). Is the variation application seeking a reduced amount? If so, that's probably why he's holding back on payments. However, as you pointed out, your current order is in effect until the judge issues a variation order, so he should stick with his current payment plan until ordered to do otherwise.
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Old 04-13-2012, 05:50 PM
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billm,

He's a very high conflict individual, I can only assume he didn't like the questions asked of him and his business during the hearing - the judge was not very impressed with him and he wasn't a very happy camper afterwards or since. I'd love to hear how he justifies not paying CS, unfortunately he won't respond. He'll answer any other question except for why he's suddenly stopped paying the CS. I think you're right about letting him know about the FRO before making the application - I wonder how mixed up things might get in registering an 8 year old order only to deal with a new order in the next few months. His CS doesn't hurt us financially, so there's no emergency.

HammerDad,

The reason for the variation hearing was that after 8 years he's much better off financially than when we were together and the last order was when the children were very young. He responded to the motion for a CS variation with a motion for shared access which was agreed to after involving a child psyc who offered suggestions as to how to successfully engage a 50/50 routine with minimal impact on the children's relationship with their younger half sister. The 50/50 access will be part of the new order.

TeenWolf,

The original application was for an increase in CS by me. It was countered with an application for shared access which I've described above. The new CS order may be the same, less or possibly more depending on how the judge imputes his income (self-employed).

So in the meantime he's simply stopped paying anything and won't give me a reason why.
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