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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 11-13-2021, 01:40 PM
NewDay NewDay is offline
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Default Child support going to court

Hi,

Thank you for the advice that helps me forge realistic expectations.

I am going after my deadbeat ex for child support; they have been stalling and not providing documentation too. We both have at least 50K in the bank but it has been a hardship for me not being able to move to another place without having to drain my savings.

2018-2019 ex was unemployed and "going to school" I think it was 8 hours a week so they "couldn't work"
In 2019 they withdrew $15K in RRSPs, they withdrew $7K prior years consistently.

FRO needs a court order to change and courts are closed.

In June 2020 a child I was paying support for started living with me full time.
In June of 2020 I received their tax assessment ($15K RRSP income)
I am asking for $170/month in child support from June 2020 until June 2021.
+ I am asking to be paid or credited for child support I paid for this child that lived with me from June 2020 until June 2021.

They became employed June 2021 and I am asking for overpayment of child support June 2021 - court date.

There are several change material changes included in our agreement.
The dates those changes happened were December 2019, June 2020 (change of residence) and June 2021.

Courts were not open for child support changes until early this year but I had too much stress going on and we were still in court about other items so I am applying for it now.

The ex has basically said they are not going to give me credit for child support June 2020 - June 2021. They have been silent on paying or repaying child support from June 2021 - present.

What range of outcomes can I expect?
What should I push for against a hostile ex and their hostile lawyer?

thank you.
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  #2  
Old 11-13-2021, 02:06 PM
StillPaying StillPaying is offline
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If ex wasn't working and had no income, cs would be zero.
You need to impute an income so at least any other cs you're paying can be reduced. In situations where there is an obvious change, you need to start court and follow up with FRO each step, but that will allow you to stop/pay the appropriate amount.
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Old 11-13-2021, 02:12 PM
NewDay NewDay is offline
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Quote:
Originally Posted by StillPaying View Post
If ex wasn't working and had no income, cs would be zero.
You need to impute an income so at least any other cs you're paying can be reduced. In situations where there is an obvious change, you need to start court and follow up with FRO each step, but that will allow you to stop/pay the appropriate amount.
I am not looking to impute an income, they have a job.
The income was RRSP withdrawals.
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Old 11-13-2021, 02:32 PM
StillPaying StillPaying is offline
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Sorry, I read "unemployed" after child move in with you. I'm doubtful the RRSPs will be counted as income but you should get cs once employment started, including credit for any overpayment. Push court and contact FRO to start paying the proper amount now.
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Old 11-13-2021, 02:42 PM
NewDay NewDay is offline
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Quote:
Originally Posted by StillPaying View Post
Sorry, I read "unemployed" after child move in with you. I'm doubtful the RRSPs will be counted as income but you should get cs once employment started, including credit for any overpayment. Push court and contact FRO to start paying the proper amount now.
I know I have to go to court and will do so before end of year.

The RRSP income counts as income. Ttrust me but any help with arguments I welcome....so I don't understand the "doubtful" part, I know there are instances where it doesn't, not here though.

For argument sake lets say no RRSP income....what about the overpayment of child support June 2020 - June 2021.
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  #6  
Old 11-13-2021, 05:44 PM
rockscan rockscan is offline
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If its a big amount you wont get it back. Heck, even if its a relatively small amount you still wont get it back. It will be used as a credit against future support.

RRSP income wont be seen as income for cs. It was a one year amount of 15 grand. You would have to argue it should be counted as income and many judges will not count it as income for a person with kids receiving cs. Some courts have not come out of the dark ages of women screwing people over.
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Old 11-13-2021, 05:59 PM
NewDay NewDay is offline
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Thanks rockscan.

They really have about 500K sitting here and there and they are badly behaved.

The RRSP was part of a pattern of with drawls so they cannot claim it was a one time one year thing. It is not a big deal really, the overpayment is a much bigger deal.

A credit is fine for me, it is a bit unfair to demand such a large amount all at once even if they are flush.

Could the CS credit be placed against the Spousal support amount?
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  #8  
Old 11-13-2021, 06:50 PM
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How much is a lot of money?
5K, 10K, 20K, 50K?
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  #9  
Old 11-13-2021, 07:57 PM
rockscan rockscan is offline
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Well, a friend had overpaid by $2000 and the judge didnt want his ex to pay it back even though she made double his income.

My husbands ex was told his cs amounts are as his income and she cant include other things like the fact our house is worth more or we had savings.

Your ex wasnt working and lived on savings. Your argument is to have an income imputed on her because she has obligations and chooses not to work.
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