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  • C.S. and FRO

    Since my oldest son doesn't qualify for child support anymore, the ex said she was in agreement to revise and agreed that he should not qualify as a dependent but insisted on getting my financial information. I offered to pay her the c.s. based on 2 kids now based on an agreed annual salary 2 years ago. My current salary is slightly lower than the current salary (it varies a bit from year to year). This am my son dropped by my house and I asked him why he was not at work and he said "mom told me I should not work since I am depressed"!! She is playing some kind of game but not sure which one yet.. Can I ask the FRO to revise the amounts to what I offered her until we settle this? I know that it is unlikely to get reimbursed for overpayment of c.s. and I want to avoid this.. If I vary the preauthorized payments, can they stop me from moving to the u.s. or have problems at the border? can they suspend my drivers licence or something like that? I hear mixed messages about that!

    Thank you so much for your help and it is much appreciated!

  • #2
    Mr. ReadyNow,

    as you mentioned,

    This am my son dropped by my house and I asked him why he was not at work and he said "mom told me I should not work since I am depressed"!! She is playing some kind of game but not sure which one yet..
    I would suspect after a comment like that the the other parties motive is to base child support on three children rather than two.

    Can I ask the FRO to revise the amounts to what I offered her until we settle this?
    FRO mandate is to enforce support orders, not to vary. Only the court can do same.

    I realize time is of the essence for you as you are leaving the country. With that in mind, you could bring forth an emergency motion to vary. You have a legitimate excuse as you are leaving the country for employment reasons and have a dire urgency to get the matter settled.

    I know that it is unlikely to get reimbursed for overpayment of c.s. and I want to avoid this..
    It is highly unlikely that you will ever see the overpayment reimbursed or applied against future payments unless you have a new court order the delegates same.

    If I vary the preauthorized payments, can they stop me from moving to the u.s. or have problems at the border?
    You can vary the payments, but FRO will enforce the current order and as such arrears will accumulate.

    If I vary the preauthorized payments, can they stop me from moving to the u.s. or have problems at the border? can they suspend my drivers licence or something like that? I hear mixed messages about that!
    FRO can do a number of things to enforce support orders. It is best to get this matter straightened out before you relocate. If need be, bring a motion to vary ex-parte. The matter will be returned to the court 2 weeks later to allow the other side to present their evidence.

    lv

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