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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 08-11-2009, 02:58 PM
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MaggieT MaggieT is offline
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Angry Child Support Arrears & Unjust Enrichment???

Looking for a little advice on what opinions are on my current circumstance. It will be a year next month that Ex has paid any type of cs. Court ordered and through FRO he is supposed to pay $842.00 for two children and that includes his portion of section 7 expenses. He is currently in arrears $13,346.00 and has not made a payment since Sept 08. He was never in compliant with the court order and when then finally garinsheed his wages I rec'd two months cs payments and then he quit his job. He claims he has been unemployed since, but I am aware that he works for cash and does contacting work.
FRO just finally suspended his drivers lic. last week and of course this is of no impact to him as he faces an impaired charge trial later this month.
He still sees the children every other weekend and one night on alternate weeks. He has his mother drive him for access visits and to transport the children. He sent me a text message this week that FRO can stop harassing him and that they will be surprised when he files a claim for unjust enrichment. He claims that he is entitled to a portion of my home to offset his child support for work he did while he lived here to the tune of $52,000.
We were living commonlaw, had one child together and when I was three months pregnant with the second child, he asked me to leave. I did so and went and purchased my own home. Within a year and a half, he was homeless and needed a place to stay. On and off for about two years, he lived in my basement on my couch. I finally changed the locks after one of his weekend drinking binges and I have never looked back.
For the sake of the courts, the date of seperation was April 2007. The issues dealt with - we have a final court order - were Custody, Access and Visitation....at the time of the court proceedings never was there a claim for property!!
He currently lives at his sisters home, has no assets, claims not to work, BUT...goes on fishing trips with his buddies, purchased a newer car, a ATV, threw himself a 40th birthday party and rented a hall and invited all his friends. He visits every bar for every event and makes sure that his lifestyle is adhered to....all the while, I struggle to make ends meet...you get the picture.....
Anyhow, my question is...how long after the fact can someone claim unjust enrichment? Is there a statue of limitations? If there was no property addressed in the court papers how can he come up with this "idea" now?
basically I am aware that he has no intentions of supporting his children and is looking for any excuse not to pay child support as he feels that he is above the law, ethically and morally.
Any input you have would be helpful....this has been a struggle to say the least.
thanks!!
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Old 08-11-2009, 04:39 PM
standing on the sidelines standing on the sidelines is offline
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i am thinking that if he slept on the couch in the basement and you did not continue a sexual realtionship with him then he has no claim. The one thing that I think you should make sure is that he knows how much he owes for child support and tell him that if he persues it then you will make a claim that any money he does get (i really do not think he has a leg to stand on) the back child support should come off first.
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Old 08-11-2009, 05:25 PM
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Thanks Standing.

He knows exactly how much he owes in cs and that is why he is making this ridiculous claim....hoping in some way to offset his arrears by getting a judgement!

I am just wondering if there is a time limit on what an ex can claim for? How can he decide that this is his strategy two years after the fact...especially since he has himself in financial ruin. Is that always going to be my responsibility???

Ohhhh...the narcassistic mind!!
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Old 08-11-2009, 05:29 PM
independentgal independentgal is offline
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Sorry I lost a large reply that I typed so I will quickly tell you what I know.

Any offsetting claim by your ex is to be dealt with separately from CS. CS is payable always, no matter how much money your ex is accusing you of owing. Child support is the right of the child no matter the circumstances/arguments of his parents. His bogus "unjust enrichment claim" is just that, a "claim", not even argued in court yet, let alone won a claim against you for it.

My friend used the same logic for a short time in his own situation when his ex refused to give back his car that his corporation owns. He is still paying the finance company, the insurance(because god forbid she gets in an accident) etc. His lawyer told him not to use that math and offset his CS by the payments he was/is making on the vehicle. He said there is no legal basis for that. Anyway, before he could dig his heels in anymore, FRO came along wielding a big stick and made him pay up. He is totally current with his CS, while his ex still has the vehicle and is driving it around for just the cost of the fuel. Not to mention she has another car of her own anyway. Sigh.

Your ex sounds just a little bit ignorant about the law, by throwing around "unjust enrichment" like he has a clue. He probably heard that term somewhere and is deciding to threaten you with it.

I feel bad for you about the huge arrears, I hope you can get them some way, somehow. It is a shame how bitter some men get that they allow their children to suffer like that.
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