Whose Responsibility is it to update Court Order for FRO?

[pinkmorganite]

A co-worker of mine has an ex wife that likes to make situations difficult.

They live in 2 different cities, an Hour apart. (the new order needs to be updated at HER city court)

They are through FRO and need to update the court order for a Child Support Increase.

He e-mailed her his 2016 NOA, telling her "Here is my 2016 income disclosure for you to update the court order"

She e-mailed back telling him "It's YOUR Responsibility to update the court order"

I told him that I think he should just start paying the EXTRA increase Child Support Monthly amount to FRO on the day it is supposed to take place.............That way all the money will be there, waiting for her to update the court order.

Is that suggestion logical???

(In the past he did the Consent Motion paper work and would send it to her to sign...............She would play games.....telling him that he needed to re-do the paper work because she did not like the color of ink/ wanted him to sign before her, etc..................Makes No Sense for her to prolong it, As She Was Getting Increases!!!)

But it resulted in him having to make unnecessary extra driving trips to her city (an hour away) before eventually having her sign the papers.....and he would file it at her city court.

(At that time he was on afternoon shift...so he was available during the morning/early day to do it)

Now he is on Day Shift.....so he is NOT available during the week days.........nor should he have to lose a day or more of pay (good chance she will play those games again...expecting him to make extra unnecessary driving trips to her city)

(She is on Afternoon Shift and available to drive the 5 min to the court to file it all obviously)

[rockscan]

Legally its the payors responsibility to update the ex on increases. The onus (with FRO involved) is on the recipient to update them because FRO wont do anything the payor says. Your friend can pay the update to FRO, they will just hold it until his ex gets off her ass. They could do an agreed to motion to change or FRO offers forms to update child support.

This is what my partner is doing and his lawyer agreed. Its been over a year and his ex has done nothing. As his lawyer says "she doesnt want money?"

[pinkmorganite]

Thanks for the info rockscan.
I am not seeing any forms on FRO website to update Child Support.
It says to change Child Support they NEED a court order to follow.

(did your partner get the forms mailed to him from his case worker? as they are not online)

Friend has no problem doing the Consent Motion (He did it all in the past)......He just is not available/nor should he have to lose days of pay to drive to her city court to file it all (endure the games from her/prolonging everything as she did for the past 3 years!)

I even saw that you can update child support ONLINE now here....BUT they charge $80 to each person and you do NOT get it refunded if one of the people disagrees with info or refuses to use online.............so that is NOT an option for him either/ as she will cause problems with that way too.

This Ex WANTS the Money.......She just does not want to do any of the work herself with the paper work/ filing at court.

[arabian]

Thanks for the info rockscan.
I am not seeing any forms on FRO website to update Child Support.
It says to change Child Support they NEED a court order to follow.

(did your partner get the forms mailed to him from his case worker? as they are not online)

Friend has no problem doing the Consent Motion (He did it all in the past)......He just is not available/nor should he have to lose days of pay to drive to her city court to file it all (endure the games from her/prolonging everything as she did for the past 3 years!)

I even saw that you can update child support ONLINE now here....BUT they charge $80 to each person and you do NOT get it refunded if one of the people disagrees with info or refuses to use online.............so that is NOT an option for him either/ as she will cause problems with that way too.

This Ex WANTS the Money.......She just does not want to do any of the work herself with the paper work/ filing at court.

Yes I think your friend should pay the correct amount regardless if the proper forms have been filed.

[arabian]

People drive 1.5 hrs each way to work each and every day. Parents drive children an hour one way so children can participate in activities. I think your bellyaching about having to drive 1 hour to get documents filed (once per year) is unreasonable.

Sure the ex is responsible to file it but if you want to live in a perpetual state of angst, anger, frustration over something that takes very little time to execute then sure send texts, call each other names, act like children.

[pinkmorganite]

People drive 1.5 hrs each way to work each and every day. Parents drive children an hour one way so children can participate in activities. I think your bellyaching about having to drive 1 hour to get documents filed (once per year) is unreasonable.

Sure the ex is responsible to file it but if you want to live in a perpetual state of angst, anger, frustration over something that takes very little time to execute then sure send texts, call each other names, act like children.

Arabian, he's not bellyaching over "driving" on it's own. (He went through ex's hassle for the past 3 YEARS when he was on AFTERNOON Shift and AVAILABLE to go through her hassle....unnecessary extra DAYS of driving, waiting on her to sign the consent motion so he could file it at her city court)

He is on DAY shift now. He is NOT available/ nor should he have to LOSE days of work pay to drive to ex's city to file.

(from past 3 years behavior.... ex will make him drive to her city MORE than one day before forms are signed by her/ ready for him to file at HER city court)


Ex works Afternoon Shift....So she is available Week Days to drive the 5 min to the court house in her own city to file it.

[Janus]

I told him that I think he should just start paying the EXTRA increase Child Support Monthly amount to FRO on the day it is supposed to take place.............That way all the money will be there, waiting for her to update the court order.

Is that suggestion logical???

I think that is a good plan. If she wants the money, let her do the paperwork. If he gets lucky maybe she won't bother with the paperwork. I'm not sure how it helps him at all to do the paperwork to pay more CS.

It doesn't matter how far away it is or how difficult it is for him or how easy it was for her. If I could press a button to magically give my ex $10,000.... I would not press it. I have no idea why anybody would exert even one calorie more than they have to in order to supply money to an ex.

[Janus]

I think your bellyaching about having to drive 1 hour to get documents filed (once per year) is unreasonable.

Not his job.

Not his responsibility.

He has nothing to gain.

I wouldn't even drive 30 seconds to get the documents filed. If you are an adult and you are going to take money from another adult, at the very least you can do your own paperwork.

[pinkmorganite]

Yes I think your friend should pay the correct amount regardless if the proper forms have been filed.

That is the plan arabian...........Whether Ex gives him a consent motion to sign/ whether she files it at the court or not.............He is just going to start paying FRO the extra increase a month.

[rockscan]

If the payor does it, you have to do a motion to change with court. She can speak with her case worker to get the forms. They dont advertise them online.

[pinkmorganite]

If the payor does it, you have to do a motion to change with court. She can speak with her case worker to get the forms. They dont advertise them online.

Okay, Thank you rockscan. Will tell him to let her know that she can request the forms from FRO.

Yes in the past, because he's the payor, He has always done a Consent Motion to change it. (He would e-mail her, saying he mailed her the Consent Motion---She would take weeks to respond/ when she did respond she would say she never received it-----Yet he had tracking showing she DID receive it----then she would say she wanted him to re-do the papers because she did not like the color of the ink, she wanted him to sign first, etc.)

She would tell him the papers were ready for him to pick up at her house to file......so he would drive the hour/ get the papers to see that they were NOT signed by her..........so he could NOT file/ would have to drive back home.............e-mail her saying "the forms were not signed, why did you tell me they were?"......blah/blah/blah............Wait for her to respond

EVENTUALLY she would sign them/ have them ready for him to file

CRAZINESS that no one should have to go through.

[rockscan]

If he pays the updated amount then he doesnt have to worry about a high amount to pay for back support.

When you deal with a difficult person, playing into their bs isnt worth it. She can get the forms and get his signature and be done with it.

[Beachnana]

My daughter was to.d by FRO that they needed a consent form signed by both parties to make any change. There is no forms from FRO they told her to use the consent to change form.

Her ex is paying too much on daycare right now and she was going to change it so she would not end up,owing him money so once t4 income is exchanged she will send him a consent to change form with part a. Reduction in section 7 expenses and part b. Change of child support ( because he got an increase in pay last year so should be paying more). It will likely balance each other out.

But my point is FRO did not have any special form. They did offer that they could halt a court ordered payment while she was on Mat leave for her new born and therefore not using daycare for their mutual child. The told her she just needed,to send a letter to that effect suspending daycare payments for 12 months. But any changes in Child Support needed a change order registered with the court.

[Beachnana]

If she is online with FRO she will be able to see the extra amounts you are paying. But they are not forwarding to her without the consent letter which if she wants the money she should initiate the forms and file them.

[ifonlyihadknown]

Definitely, do what you are responsible for but nothing more. Don't hinder the other party but don't do anything that is their responsibility.