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Old 02-03-2009, 06:57 PM
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Default Ex wants retroactive cs overpayment - in cash

Hi all,

This is my first post but I think you might find it interesting and I'm hoping that one of you might have heard of this situation before.

I have been divorced for 9 years and have spent 7 of them trying to get child support from my ex - joint access but they live with me. His parent's don't mind supporting him; but he finally did get a good income in 06 and I was able to secure a child support order. He and I don't talk to each other - he still doesn't take responsibility for his share in the marriage breakdown.

Anyway, long story short, he applied for a withdrawal of support in Nov 08, which I agreed to because he said he had lost his job. But in the papers I was served it said he lost his job in April of 2008 - I didn't know this. Now he wants me to pay him back all of the support from April - November 2008, even though he never advised me or FRO back in April and he continued to pay every month.

I am a legal assistant and cannot find a single situation where a support payor was granted a cash refund of child support. He and his lawyer refuse to believe that I actually used the money to support the children.

I have nothing to hide but "what the hell is this"?

Anyone ever hear of a child support payor doing this??? I really would appreciate any feedback I can get.

Thanks.
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Old 02-04-2009, 06:40 AM
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You have no obligation to re-pay the CS.
The onus was on him to bring form the request to vary within a reasonable time frame when employment changed. Had he made the request within a month of the change, he would not have made any overpayments since you seem to be very open about change on the face of his requests.
Why did it take him so long to make the request?
I feel that if he were to take the issue to court the same would result from a judge, "why didn't you bring this before the court at the time it happened?" Not to mention, most people know they are loosing their job before it happens unless it is a company that has had a history of decline and then the job loss may have been instant. But even if this was the case, he still could have contacted you within a few days or weeks to notify of the lost job to avoid over payment
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Old 02-04-2009, 08:05 AM
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I have a friend (who is a payor) who had CS adjusted retroactively; however, the adjustment was based on where the child lived and not on reduced income. I don't believe a court would order a recipient to somehow come up with cash to "pay back" CS collected while the payor was unemployed.

In my friend's case, he was issued a credit which was negated by other costs, so in the end it was a wash. However, if he hadn't had these other costs, I believe the court would have reduced his CS payments by a little bit each month, until the credit was regained.
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Old 02-04-2009, 12:11 PM
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I fully agree with FL_NEEDS_TO CHANGE, if he did not put a motion to vary into court when he lost his job in April 2008, I would truly think that he is out of luck in forcing the issue of a refund as the original order of 06 was still in force. The onus was on him to have that order varied and he failed to do so.
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Old 02-04-2009, 01:28 PM
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Thanks everyone - that's what I found as well. I'm tired of doing battle with him for child support; its been so long. This time though - I will just say no and let him do his worst. Oddly enough his family doesn't mind supporting him in his bid to not support his children..oh well now our youngest is 16 so this won't go on much longer.
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Old 02-04-2009, 05:39 PM
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In my opinion, just because you don't have a job, does not mean you don't support your children. If you were a single parent, or a nuclear family, and you lost your job, you would spend assets, borrow money, etc, and you would try to minimize the spending, until you got another job. You still would have to provide the basics (housing, food, clothes, medical,...). So a short term loss of job should not cause a change in CS, and a long term loss should lower it, but should not stop it.
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Old 02-06-2009, 12:15 AM
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How does everyone feel about this...I am a GREAT dad and have shared custody (after spending $8000.00 in lawyer fees) I am currently paying my ex girlfriend $900.00 a month in C.S. let me remind you, I have our daughter for 15 days a month and she has her for 15 days a month..she gets child tax...tax breaks..and she gets the refund from day care...(i pay 75% of day care). Please dont give me that "you have to pay or your a deadbeat". I provide my daughter with a home, cloths, food, and almost everything she needs (i cant afford everything as you might imagine since that $900.00 falls outta my pockets every month). In my mind this doesnt make sence. Why do i have to support my daughter when i have her and when i dont..when my ex doesnt have to worry about finacially supporting her daughter ANYTIME!!! who is the deadbeat in the eyes of the child?????ME because I cant afford everything she wants because I dont have the money...Imagine that hey.....the only answer......childrenwith2homes.ca

please give me all your opinions i mean all of them, I want the other side of the story as well.....your more wise having worn someone elses shoes!!!
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Old 02-06-2009, 05:36 AM
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Quote:
Originally Posted by FL_Needs_To_Change View Post
You have no obligation to re-pay the CS.
The onus was on him to bring form the request to vary within a reasonable time frame. Had he made the request within a month of the change, he would not have made any overpayments
Why did it take him so long to make the request?
That is Bull Crap.. although i cant speak personally about this situation, i'd just like to shed some light on what the courts do and say.

4 kids in my situation. 3 with the ex, 1 with me. I was paying her 700/month as an offset ammount.

in july, one of the 3 with her moved in with me. I had to continue to pay her for the one that moved in with me because of a support deducion order. I did file a motion in August and it finally got to case conference in Jan where my support was lowered. I overpaid for 6 months or i risked any one of the consequences FRO could empose. I overpaid at the ammount of 391/month. I never did get back any money at the case conference. I have to submit more paperwork to try and get this back. The courts are unfair and give sympathy, not logic.

Overpayments are innevidable when dealing with a system that takes 6 months to stand before a judge.
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Old 02-06-2009, 05:44 AM
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you know i hear this and think.. why is no Onus put on a person recieving monies they shouldn't to pay it back.

We are brought and all have morals and values.

*example... If we find a wallet that has money in it.. we should return it with the money ......unless it's my ex's wallet and then it's his fault for losing it. That is bs and peeps receiving monies they shouldn't should question thier own morals.

my 2 cents
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Old 02-06-2009, 07:10 AM
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I have heard in cases where there is a 50/50 split that the court orders that each parent receives the child tax benefit one for 6 months the other for the other 6 months and that they are both allowed to claim the child on their income taxes but only by half of the allow amount for a dependent. Again this has to be ordered by the court.
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