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  • Repayment of Cs against future Payments

    Hello,

    My former husband wants to reduce future Cs payments. We had a CS order and oldest daughter is now out of College and on own, since 2008. My ex never tried to reduce payments until this week. He is still obligated to support our 15 year old.

    He says he has overpaid by $200 each month and wants repayment applied against future payments for the 15 yr old for two years, and then will resume paymentwhen she is 17 for one year until she is 18.

    At the time he never paid for braces or college for either girl and I used the payments to help offset. Will the court accept this proposal, I am willing to reuce not and issue to guidelines but the overpayment should be factored against the addons incurred. Any one experience this?

  • #2
    Oops! I meant College for one girl, my 15 yr old is in HS

    Comment


    • #3
      Did you have a clause on your agreement on how section 7 expenses would be handled? If not, I think you're out of luck trying to claim those things now if you didn't do anything about it at the time. If you didn't have it in the agreement it would seem that you're bringing it up now because he has asked to have CS adjusted in a manner which is suitable to the changes that have occured. If you did have a clause that dealt with section 7 expenses and you didn't do anything about having it enforced at the time you'd be hard pressed to have those expenses applied now.

      Granted, if CS should have been adjusted way back when he should have filed then rather than wait all this time. If he wasn't aware of the changes until now he certainly does have a case to have the overpayment taken into account for future payments.

      Not enough info to give any definitive answers.

      Comment


      • #4
        Very Aware

        Thanks for the response...yes he was aware at the time that CS would end for the oldest girl because he wanted me to contact FRO and tell them, I did write to them about ending the support for her, they refused they said he would have to take it to court and he did nothing for since April 2008, he actually had it in his claim and the letter attached that I sent Fro, so yes he was very aware of it.

        Should I have taken this back to court or was that up to him, my lawyer had said make him do it and now we have overpayments and he wants it applied to future CS for the youngest. I think he has done this now because our 15 year old refuses to visit him and he mad.

        Comment


        • #5
          Did you have anything in your agreement about section 7 expenses?

          Comment


          • #6
            Hi

            No we did not have anything in the agreement about how it was to be handled, he was aware of oldest in college (never offered to help) aware of yongest getting braces (never offered to help) He only paid $609 per month for both.

            I am just wondering why he filed now? and the monies were used up to support the girls without going back to court each year...we have been in court since 1998, he has litigated me to death $ 90000 in legal fees. We divorce finally in 2007 and I remarried.

            Both girls do not want a relationship with him and he continues to try the legal system.

            Comment


            • #7
              As much as you probably don't want to hear it, if you didn't negotiate any arrangements for section 7 items then he has no legal obligation to pay any of it. Morally, it would be great if he did but you have a legal agreement which doesn't require it.

              Regardless of his reasons for wanting the CS amount adjusted, he has the right to it based on the original agreement the two of you had and the fact that you are no longer supporting the oldest child so why should he pay you support for her?

              I don't know how far he'll get having the CS applied to future payments but it's a possibility.

              Comment


              • #8
                hi

                Thankyou for the advice, my lawyer is looking over the documents and will advise as soon as he can.

                Comment


                • #9
                  This one comes down to which justice hears it...

                  Comment


                  • #10
                    Hi

                    I know it can go either way and part of me says maybe I should just accept his proposal but the other says wait he waited to change it, was aware of change two years ago and has never given me help with addons and was fully aware of them. as you can see we can speak outside of lawyers.

                    I don't think youngest should not have support for two years over this and the payment is going to be reduced from 609 to 337. He knows it was a struggle for me as a single mom all those years and that little extra helped alot. The 15 year old will be off in college in a couple of year and I will have to go back again to try and get add ons for that expense. I hope the court just does the adjustment and thats it -

                    Comment


                    • #11
                      True that the youngest shouldn't be un supported however it can be argued that:

                      - you could have banked the overpayment for the future so she wouldn't be, although you would never have recieved that extra to support her at all if you only had one child,
                      - that you should have considered section 7 expenses in your agreement or applied to have the agreement changed to include them. you didn't but now want to hold him accountable for expenses he never consented to

                      It seems that since you're revisitting everything anyways it would be a good time to have all those issues addressed, include section 7 items moving forward including post secondary expenses for the 15 year old.

                      Comment


                      • #12
                        I am not commenting on what he should be doing for Section 7, etc - that is between you and him. In my opinion though, one IS morally obligated to cover section 7 (medical, etc) according to income, including post secondary, but that is not what you are talking about - you are talking about CS for dependent children.

                        On its own though, from the time the oldest was on her own, you should not have accepted the CS that was for her. Simple. Just because the FRO threw up a road block is not an excuse, you took money from him that was to support a dependent child that was no longer dependent. Not withstanding any other issues, a normal moral person in this situation would have simply given the money back to him directly after it was taken from him by FRO.

                        Simple.

                        Comment


                        • #13
                          The CS should have continued for the oldest child as long as she was still attending post secondary school. That is fairly standard.

                          He was ALSO obligated to pay a proportional share towards her education. Now YOU should have pursued it then. IF the oldest child has student loan debts, you can ask that he be made to contribute towards reducing them and I would suggest you do so.

                          FRO has forms for voluntary withdrawal or reduction of the amounts. The onus was on YOUR EX to either ask you to sign the forms OR file a motion to change with the court to have it reduce. Him waiting until NOW to do so doesn't look very good and it's a total crapshoot in terms of the outcome now.

                          Regardless I agree with billm that you should have reimbursed him the monies if you were willing to accept the reduction at that time. (ensuring you got receipts for it to prove you did so)

                          Hindsight being 50-50, you are better off negotiating with him. Agree to let the amounts of CS he paid be considered him contribution towards the daughter's education OR you file motion to make him pay up for the oldest child's educational costs, since he did not contribute, AND have a clause added for section 7 expenses to deal with this kind of stuff regarding the 15 year old.
                          Last edited by NBDad; 02-07-2011, 02:12 PM.

                          Comment


                          • #14
                            I Agree

                            she has seven thousand dollars in college fees and continues to pay a student loan all of which he refused to contribute to. I agree with adjusting the support but Will he have to explain why he is now changing it two years later. I contacted FRO in 2008 and said drop the support and childcare expenses and they said he would have to get a court order. He was told this and nothing came about it, so I just left it too.

                            The issue is you can not deal with him outside of court or the law and this is the first timehe has provided financials since 20005, even he did not uphold exchanging tax returns at last conference in 05 and I have that in my running record from a judge, so you tell me how do I deal with someone who ignores everthing and laughs in my face? Court every year?

                            This will be brought up in court so I have hidden nothing and produced everything when asked. Will the court hear this and give him the right to retro and not me?

                            Comment

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