Child Support questions

[Hopefundad]

I recently received an email from my ex lawyer, and she requests me to sign a consent to resolve the issue of ongoing child support without prejudice basis. She mentioned the change effective date was October 01, 2020. I am not sure how will this works, is that mean I have to pay her more CS starting October 1, but now already November. How will FRO take the extra money from me? I am not sure if I can pay her October plus November together effective immediately. Amy advice would be help.

A little of background, we are still waiting for trial. She has a lawyer, but I am self rep now because I used up all my money and loan toward my previous lawyer.

Thank you in advance.

[rockscan]

Was there an increase in your income? If yes then your cs should increase.

You can agree on the condition that you are able to pay the increased amount over a period of time. If you already paid October you will only pay the increase difference.


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[Hopefundad]

Thank you rockscan. Yes CS is going up. Glad to know it is possible to pay the increase over period of time. With loan payment and increase CS at the same time is tight.

We had a case conference two months ago, I offered gradually increase parenting time and increase CS. She didn’t take my offers that time and today her lawyer send me the consent to resolve the issue of ongoing child support without prejudice basis, but didn’t mention about parenting time.

I am really not sure if this is normal she come backs after two months and accept only CS offer.

[Janus]

I am really not sure if this is normal she come backs after two months and accept only CS offer.

Sounds like they made you a new offer, and that they did not accept part of your old offer. The new offer only deals with CS.

If you sign their offer on consent, then CS is resolved on consent.

[Hopefundad]

Thank you Janus. You are right! I still need time to get used to the processes.

[Hopefundad]

Happy New Year everyone!

I have received the court order for the new amount of CS in December. Do I have to submit the new court order to FRO or my ex/her lawyer will do so?

Thank you in advance.

[Janus]

Happy New Year everyone!

I have received the court order for the new amount of CS in December. Do I have to submit the new court order to FRO or my ex/her lawyer will do so?

Thank you in advance.

Is it higher or lower than your previous amount?

If it is lower, don't expect them to file it on your behalf

[Hopefundad]

Thank you for the rely Janus. The new amount is higher, I am just wonder is it my responsibility to file the new court order to FRO. I have searched around but can’t really find any info.

[rockscan]

Thank you for the rely Janus. The new amount is higher, I am just wonder is it my responsibility to file the new court order to FRO. I have searched around but can’t really find any info.

Either one of you can submit it. When you did the order did you not sign a sheet on “support deduction order”? It takes a few months for FRO to process. You can call them to see if they have it. I also suggest you put the extra funds into an account each month (if you arent paying them already) to cover the amount when it is finally processed. You WILL get a bill for that full amount.


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[Hopefundad]

Thank you for your advice Rockscan. I don't think I have signed the "support deduction order". My ex's lawyer only sent me the "consent to resolve the issue of ongoing child support without prejudice basis" back in November and I got the new court order for updated CS amount in December. I will follow up with FRO as your advise and put extra money to cover the increase. Really appreciate for everyone helpful input.

[Janus]

You can call them to see if they have it.

Why is he under any obligation to do anything? If mom wants more money, let her go through the legwork of making that happen.

If (as you suggested) he deposits the extra funds into a special account every month, he will be fine when the big bill comes due.

[StillPaying]

Are you paying the proper amount for cs, and why starting October?
It's without prejudice, so it's still a trial issue, does your ex think your income is more? What's the access schedule you have/are looking for?

[Hopefundad]

Hi StillPaying,
Sorry for late reply. Didn’t get any email notifications about your post.
Yes I am supposed to pay CS table amount starting October, and still waiting update from FRO.
And yes my income did go up and now working on offer to settle. I am not avoiding to pay CS based on the table. When my ex and I separated, I couldn’t afford a lawyer and honestly never thought about update my income on annually basis. My ex never bring up and ask for my income update until last year. She is asking CS back 10 years.
In regarding to offer to settle, do I just write an email to her lawyer to or I should file my offer to court. I would like to get the CS settled and focus on access issue in trial.
My schedule used to be every other weekend from Friday to Sunday. My ex filed motion to stop my access. I am still waiting for OCL final disclosure and hopefully my access would go back to every other weekend soon.

[StillPaying]

Make sure you follow the rules for offers; write it, sign it, and send to other party's lawyer.

What happened for your access to stop?
If your income was more when you just agreed to the cs amount, that won't look good on you. It looks like support and access will be trial issues for you. But you still have a long way to go.

[Hopefundad]

Thanks StillPlaying.
I will make sure my offers following the rule.

What do you mean if I just agreed to the CS amount won’t look good? Do you mean arrear CS? I know that I am obligated to pay because my income is higher. Do you mind share what should I do?

For access, my ex claims that my kid doesn’t feel safe staying alone with me. OCL get involved, the clinician did the investigation and she doesn’t believe my access should stop. My ex is very good at manipulating and my kid listens/believes what she said. When I tried to explain to my kid what mom did to me, my ex said I talk bad about her. I am just trying to explain the truth. I am so lost and not sure what to do and How to deal with her lies. She is on legal aid and I spent all my money and get a loan to payoff my previous lawyer. My hope is all depends on OCL now. This is part of the reason I want to settle CS first and focus on access in trial.

I know everyone here have their stories and going thru lot of stresses. I am so glad to see people helping each other.