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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 11-18-2019, 07:10 PM
excel excel is offline
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Default Refusal to return overpaid child support and Section 7

I am having a hard time recouping child support payments that I overpaid this year. I asked several times for disclosure of income from my ex but she stalled for months while I kept paying child support. When she finally gave me proof of income, it was obvious that I overpaid child support for at least 4 months. I have asked for a return of the overpayment and she just ignores me. Our agreement states that I can deduct the overpayment from future payments but the amount would basically mean I can stop making payments altogether for at least a year. I am hesitant to stop payments altogether, so I now only pay the reduced amount. I also can't get her to pay her share of the Section 7 expenses. She used to pay at least some of them but now just says Take me to Court .
What forms do I need to file to get this money back ?
I make a modest salary and its a significant amount to me that I need to recoup.
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Old 11-18-2019, 07:21 PM
rockscan rockscan is offline
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Are you in a province with an enforcement agency? Are you able to file with them? If yes then do that.
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Old 11-18-2019, 11:49 PM
ele110 ele110 is offline
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How can overpaying for 4 months means paying no C/S for one year?
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Old 11-19-2019, 10:21 AM
HammerDad HammerDad is offline
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Quote:
Originally Posted by ele110 View Post
How can overpaying for 4 months means paying no C/S for one year?
It could be they were in an offset c/s scenario having shared custody. That the ex was declaring no income, receiving near full c/s. Then the ex gets a job near the same income as the OP, making offset c/s near nil.

If I were you, I'd tell the ex that as she has not responded to your request for reimbursement, that you will cut c/s in 1/2 until the overage is settled. Leave it at that.
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Old 11-19-2019, 09:10 PM
excel excel is offline
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Yes, offset shared 50/50 custody. Her salary now almost matches mine so my offset child support obligation is reduced by about 75 %.

I would like to settle the matter of the overpayment and the Section 7 but don't know how to do it and cannot afford a lawyer . However I earn too much for legal aid .

Is there a lower cost alternative ? I suspect she figures I cannot spend a few thousand to recoup the same amount and that's only if I win on all that I ask for. Between a rock and a hard place and I am sure I am not the only one this has happened to.
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Old 11-19-2019, 10:32 PM
rockscan rockscan is offline
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Who normally pays for section 7 first? You pay the fee and she is supposed to pay you back?

What does your agreement/order say about payments? Does it say anything about who pays who?

Depending on what your order says, you may be able to file it with FRO for enforcement (if you live in Ontario).

If you donít have the proper wording and you expect to be the one paying section 7 up front going forward, I would suggest a motion to change to enforce section 7. That can be done on your own and its quite easy since you are asking for order that clearly outlines section 7 costs for enforcement. The only drawback is that sometimes percentages canít be enforced.

Also, if your order isnít clear on enforcement for YOU, you could simply tell her you will subtract the section 7 and outstanding child support from each months cs payment. For instance:

Dear ex, in accordance with our agreement with respect to overpayment of child support, I have reduced this months cs to $x. It has been further reduced by $y dollars due to your failure to reimburse me for section 7 expenses in the amount of $z.

From this point on, dont pay up front for anything.
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