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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 10-06-2010, 10:01 PM
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Default Termination of Child Support...Filing for Child Support??!!

Looking for some advice...
Partners 18 year old daughter moved in with us late in the Summer. She was looking to go to College and her mother had kicked her out. Partner has always faithfully paid child support for his daughter to his Ex.
We filed a motion to change and was granted a termination on consent today....
Now with the costs of schooling and books and extra curricular activities, we are wondering if we should be filing to receive child support from the Ex?
Court order in place since 2005. Temporary Motion granted to lower support in 2009 to accomodate partners illness and being off ill. Temporary motion discharged in late 2009 and now his Ex is claiming arrears through FRO in the amount of $5000??
There is no way we can afford to pay the arrears she filed on her statement of arrears form so, can and how do we apply for her to pay us child support so that we can support the daughter through College??

Any suggestions on procedures and forms would be wonderful.

thanks friends
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Old 10-07-2010, 06:50 AM
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do you actually owe the arrears??

If not then I think she is trying to cover her ass to say that you can take the CS off the arrears and thereby she would not have to pay.
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Old 10-07-2010, 05:05 PM
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I got a notice of arrears from FRO (part of an affidavit, served less than 24 hours before upcoming court date), because my ex told them I was in arrears. I was not (this was when FRO account was first opened, I paid into the account IMMEDIATELY, but I think my ex got confused about how to retrieve the money). I called with FRO, and they agreed that I was not in arrears. They said the notice was just they way they did their paperwork. WOT!?

So, just because you got a notice of arrears doesn't necessarily mean anything!
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Old 10-07-2010, 07:16 PM
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Based on the temporary court order, there were no arrears showing on the statement of account that we had FRO send us....but she has since filed arrears??
Anyhow, we are going to file a motion to ask for support and s.7 expenses for schooling...
that should shock the heck out of her!!!
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Old 10-07-2010, 10:47 PM
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Unless there is an order changing the original support order, the FRO is obliged to try to continue to collect on the order.

I would contact the FRO and see what they say, and if they are going to try to collect the arrears claimed.

If they say they intend to, then you will need to preferably have your lawyer send them a letter setting them straight, and then provide them a notice of motion showing that you intend to go to court to deal with the support issues. With this they may be willing to put a hold on the collection, and save you lots of hassle, because with $5000 owing, they will try to collect aggressively.
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