Ex wants retroactive cs overpayment - in cash

[cat40]

My kids are 16 18 and 21 all in school and /or apprenticeship programs

[CISTEAD]

Nathank my friend. You are getting screwed. Start the motions right away. I don't understand everyone's bad experience.
My finace and I haven't won everything, but we have won alot. Including refund of overpaid child support. We didn't have to pay a dime child support for over 6 months, due HER now owing US. We were entitled to over a year, but believe me, we were happy to get the 6 months. I know alot of people here have had the short end of the stick, but alot of people have done very well, even representing themselves.Dont ever ever give up. The tides are turning in the Courts.
We just won a Case Conference last week. My finaces exwife was asking for her version of what Extraordinary expenses were, and also felt she was suddenly entitled to be on his benefits. She is on EI right now after having lost her job last Nov. She got 10% of what she was asking for. Our judge was Fantastic!
Try to get what is fair. That is your money, you work hard for it.

[billiechic]

Originally Posted by dajackal

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

You filed basically right away, therefore you only "lost" a month worth of support. Yours was a reasonable response and IMHO you should be entitled to that money back somehow.

But in the OP case the father did not even inform the mother of the job loss, or the FRO. The court is not going to look favourably since he was not responsible enough to do this. IF he had informed the mother it is quite obvious that they could have worked something out, but apparently he was not concerned for at least 6 months. I question whether the job was actually "lost" back then at all!

The fact that he lives with his parents is not going to help him. He was still able to pay the support, and the mother continued to use it to support the kids. He was not struggling to support himself, and I am guessing his parents were willing to help him out. By continuing to pay he was doing what was best for his kids, and trying to get the money back after the fact indicates that he was:
1. too lazy to file for a reduction in a timely manner or
2. vindictively seeking compensation

[billiechic]

oh, I got sucked in by someone pulling up an old post. Hate when that happens.

FYI, if you find an old post and you want to bring up the issue again, PM them. It is so confusing to read through a thread and post on it and then realize that that person has long since moved on.

[CISTEAD]

Sorry, my bad