Child support ! Overpayment?

[dajackal]

Here's the scoop.

I'm a remarried dad with 4 kids (all from first marriage). Up until July of this year, 3 kids lived with their mom and 1 with me and my new wife. July 13, my youngest moved in with me and now she only has 2.

Support was based accordingly by the CS guidelines. I'm still paying her for 3 kids even though i have 2 now.

I started a motion to change a final order, but am doing this without counsel.

Am i going to get a credit for an overpayment? or will she get it?

[Maggie82]

Sadly, you won't get a credit. The courts tend to view overpayment as a "gift" for the child(ren). That is why it is so important to start a motion to change a support order as soon as the circumstance changes. Either way, because of how long it takes for such a change to take place, you'll still end up "overpaying" for several months. Sad but a true reality.

[dajackal]

A Gift? WTF

I haven't got a choice but to pay her for 3 kids (even though one moved in with me)... A court order says so. (till i get it changed)

The kids will get a gift? bs, she's doin some renos to the boy's room that moved out. Payin for it with my overpayment. gettin some 400/month extra. 400/month she shouldn't get. So for as long as she and her lawyer drags this out... they hit the lottery?

She couldn't possibly be exempt from paying support for a kid that is with me and still collect for him. That makes no sense. Every dime i've paid for 13 years has been based on the Child support Guidelines. The guidelines have to apply to her as well. Or is the courts bias toward men and shows preference toward women?

[dadtotheend]

If you aren't paying through the FRO, why not arbitrarily reduce the table amount to what you should be paying based on two kids? Stop the gift.

[dajackal]

I am paying thru FRO... from a court order .. based on child support guidelines

I can't change the ammount.... only a judge can. and i have to pay until he does

[Kimberley]

File a motion to change the order based on the change in circumstance. I have read quite a few cases on CanLII that HAVE taken facts into consideration where it regards over-payment, and after re-calculation due to the change in where the children are living, she would be expected to pay X amount based on the guidelines to you, and you to her - so on & so forth. Go have a read for cases and you may find the information you seek.

[FL_Needs_To_Change]

There are numerous cases where overpayment has been factored in, the initial CS payments will reduce to compensate for the overpayment, and then adjust to the actual amount based on the # of children after the overpayment has been resolved. Even though you are self represented this is not a reason to feel that you should not seek to have an overpayment reimbursed, after all arrears are allowed every day, and that is the ground I would claim on. Courts do not make assumptions, clearly indicate the change in your expenses now that you care for 2 of the children, and explain how much you have overpaid thus taking away from the care of the children you are caring for, and ask for consideration of the overpayment, make it a sincere request, and I am sure the courts will consider it.

[dajackal]

this thread is a few month old but i'd like some input pls. As i mentioned before, i'm trying to change a final order because one of my children moved in with me and i wish to lower the ammount of CS i must pay my ex.

our case conference is jan 5,09. she responded(via papers yesterday) to the case conference brief and is now requesting i repay her my share of expenses from dentist trips (for the kids), from 2002 to 2005. note, after 2005 total expenses were paid via mine and my new wifes insurance.

Can she ask for expenses that date back 4 to 7 years? even though we were in court in 05 and 06 and these never came up.

frustrated.

[Suchislife]

Of course someone can ASK for these but must have explicit paperwork.
In my partners experience old babysitting & daycare receipts were dismissed by the Judge.
I'm sorry for you that your EX is turning your motion to reduce CS into clammering for any $ she thinks she can obtain.
To fight in court over a bit of money spent years back is only going to prolong the case and cost her the legal fees. Too bad she just doesn't appreciate the 100% coverage you provide now!!

[dajackal]

whoops, our Case Conference is jan 20th. (not the 5th)

Yes she served me a detailed leger she optained from the dentist in Dec for this 4 year or so period.

Over this 4 year period i paid support for 4 kids based on making 40k a yr. 900/month . For 2 of the years i maid almost 10k less (i was laid off twice). And in July 05, one of my children moved in with me. I continued to pay the full 900/month for 13months until a judge change the CS and issued a new Deduction order to FRO.

If a judge will look back at dentist bills from years gone by, won't he look at the overpayment i paid her and the lesser salary i earned? will i get credit for that overpayment if i agree to pay my share of those old dentist bills.???

my new wife says i'm going to have a heart attack worring about all these things . she's prob right. lol. any input is much appreciated.
thx

[paris]

This was year's ago, but it does refer to overpayment to FRO.

My husband's employer took 2 extra payments for the child when she had reached age 18. They sent them to FRO... FRO sent them to his ex.

Without him questioning the error, FRO sent him a letter and reimbursed him, and they sent his ex a bill to pay it back.

[FreeNow]

WOW - FRO is a 2 way street -amazing!

FN

[dajackal]

that actually must be a long time ago, because my oldest who lives with my ex turned 18 in october and they're not rushin to send me any money. lol.

He is in college so i don't mind paying until he graduates. after all , it is about the kids. He may be an adult to some, but he'll always be my kid

[paris]

It was 1996. The agreement was written in 1978. It was $35 a week. lol

My mistake, it was when she turned 21.

[Suchislife]

And in July 05, one of my children moved in with me. I continued to pay the full 900/month for 13months until a judge change the CS and issued a new Deduction order to FRO.

I doubt that a Judge will go back and alter the support deduction order from what I'm presuming is late 2007. You don't say why the overpayment issue wasn't addressed at this time. Regardless that's been addressed already.

Support was based accordingly by the CS guidelines. I'm still paying her for 3 kids even though i have 2 now.

I would focus my affidavit on the fact that a second child moved in July 2008. There is every possibility that your support deduction order will be backdated. Maybe not to July (you never know what will happen) but a credit is a possibility. I hope your ex is not denying the residence move!

As far as your overpayment being a gift ~ not so, in my opinion/experience.

I would not offer to pay any dentist fees until the Judge weighs both sides.
You do not mention the amount she is seeking. Would it balance out the overpayment? You wouldn't want to agree to pay her and then get a Judge that only makes a small adjustment to your overpayment of CS.
You would think that a Judge would simply say July '08 - Jan '09 X $400 blah, blah, blah, but sometimes they pick a date for it to come into effect that doesn't make total sense.

Something else not clear is what percentage of sec. 7 expenses were your responsibility from 2002-2005. If these expenses were your total or partial responsibility a Judge may not look at that favourably.

But alas, it does come down to concise affidavits and concise paperwork that supports your argument w/o confusing the Judge.

He is in college so i don't mind paying until he graduates.

Are you considering a change to the final order to include a clause ending support for your oldest when he graduates or are you planning on going back to court next year too?!!!!