So as you know I've done a lot of ranting on here over my child care expense situation.
The original separation agreement dated 2008 read that there were no section 7 expenses, if such were to occur, ex was to notify me, provide me with receipt and I had 20 days to pay.
Ex informed me of child care/asked me to pay in 2011......I told her I agreed and would once I received the receipts. She refused to give me receipts.
She then got a lawyer and filed a court motion for increase in child support and section 7 expenses.
I got a lawyer.
I noticed that the ex and her lawyer tore out a page of our separation agreement before submitting it to the court. You can clearly see the agreement goes from page 3 to page 5...4 is missing.
Page 4 read that there were currently no section 7 expenses, if such were to arise, she was to inform me, provide me with receipt and I had 20 days to pay.
I wanted to fight it in court---I was sure a judge would see that they had deliberately taken that page out, as she never provided me any receipts--the agreement said she had to....I thought it was a no-brainer, that I would win on it easily and not have to start paying child care until she produced receipts.
My lawyer told me that we could not accuse them of deliberately taking that page out and that we had to give them the benefit of the doubt.
My lawyer said she didn't feel that I would win if we went to court because section 7/child care expenses are the law.
Ex ended up producing a child care receipt for 2011......My lawyer advised me that I had to pay back pay for that and back pay for child support for that....so I am currently close to $4000 in arrears for the 2011 back pay babysitting, plus $600 in arrears for the 2011 back pay child support increase and currently have to pay ongoing babysitting of approximately $200-$300(with summer) a month and $606 child support.
Now I just looked over my old separation agreement again---How none of us noticed this last paragraph on the page that ex and her lawyer tore out---but the last paragraph reads
"Until the support is adjusted by an amending agreement, court order or arbitration award, Bob will continue to pay the child support and his contribution to the children's special and extraordinary expenses under the parties' most recent written agreement, court order or arbitration award"
Does this not mean that I should not have had to give her any back pay at all?
By me reading that...it sounds like she shouldn't have got the increase/or babysitting expenses until we signed that new amendment in 2012 and there should have been no back pay!!!
Is there anything I can do about this??? Or am I f#cked because I followed my lawyers advice and signed the amendment giving her back pay.
The original separation agreement dated 2008 read that there were no section 7 expenses, if such were to occur, ex was to notify me, provide me with receipt and I had 20 days to pay.
Ex informed me of child care/asked me to pay in 2011......I told her I agreed and would once I received the receipts. She refused to give me receipts.
She then got a lawyer and filed a court motion for increase in child support and section 7 expenses.
I got a lawyer.
I noticed that the ex and her lawyer tore out a page of our separation agreement before submitting it to the court. You can clearly see the agreement goes from page 3 to page 5...4 is missing.
Page 4 read that there were currently no section 7 expenses, if such were to arise, she was to inform me, provide me with receipt and I had 20 days to pay.
I wanted to fight it in court---I was sure a judge would see that they had deliberately taken that page out, as she never provided me any receipts--the agreement said she had to....I thought it was a no-brainer, that I would win on it easily and not have to start paying child care until she produced receipts.
My lawyer told me that we could not accuse them of deliberately taking that page out and that we had to give them the benefit of the doubt.
My lawyer said she didn't feel that I would win if we went to court because section 7/child care expenses are the law.
Ex ended up producing a child care receipt for 2011......My lawyer advised me that I had to pay back pay for that and back pay for child support for that....so I am currently close to $4000 in arrears for the 2011 back pay babysitting, plus $600 in arrears for the 2011 back pay child support increase and currently have to pay ongoing babysitting of approximately $200-$300(with summer) a month and $606 child support.
Now I just looked over my old separation agreement again---How none of us noticed this last paragraph on the page that ex and her lawyer tore out---but the last paragraph reads
"Until the support is adjusted by an amending agreement, court order or arbitration award, Bob will continue to pay the child support and his contribution to the children's special and extraordinary expenses under the parties' most recent written agreement, court order or arbitration award"
Does this not mean that I should not have had to give her any back pay at all?
By me reading that...it sounds like she shouldn't have got the increase/or babysitting expenses until we signed that new amendment in 2012 and there should have been no back pay!!!
Is there anything I can do about this??? Or am I f#cked because I followed my lawyers advice and signed the amendment giving her back pay.
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