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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 01-10-2013, 03:39 PM
Soccermom Soccermom is offline
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Question What now??

I hope someone here can help me out - again.

I attended a CC back in September as the X wanted to stop child support payments upon the child reaching age 18, although the child still attends high school.

Although I have not received the court ordered amount of support in over 10 years, The X, who retired early, is claiming 'undue hardship' and wishes to cut support payments by half and have me forgive all arrears. ($20,000+)

The reason for the financial hardship is that the X is paying the first X half of his pension income in spousal support and has been doing so for 20+ years.

During the CC, the DRO stated that, because the X had already split his pension credits with the first X, he was not required to pay spousal support in addition to that. The DRO requested that the X file a motion to have all spousal support payments cease and return before the DRO to settle child support matters.

So...it's going on 4 months now and I have no idea if the X actually went through with the process to terminate the spousal support payments, something he was (for reasons unknown to me) very apprehensive about doing. In the meantime, I am receiving less than half the court-ordered child support and would like to resolve these issues asap.

If the X, in fact has not dealt with the spousal support issue, how can I move MY case forward - with or without the X? How do I find out if the X has done anything? Do I need to file a motion of my own to get things moving?

I managed to speak with the original DRO by phone and he advised me to make another CC appointment, requesting him as DRO once again, to discuss the case. That's fine, but I am 3 hours away from the courthouse and I don't see the point in another CC if the X is actually doing something about the spousal support payments.

Thanks, everyone, in advance, for any advice you have to offer.
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Old 01-10-2013, 05:42 PM
sahibjee sahibjee is offline
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Quote:
Originally Posted by Soccermom View Post
I hope someone here can help me out - again.

"the X wanted to stop child support payments upon the child reaching age 18, although the child still attends high school.

Although I have not received the court ordered amount of support in over 10 years, The X, who retired early, is claiming 'undue hardship' and wishes to cut support payments by half and have me forgive all arrears. ($20,000+)

The reason for the financial hardship is that the X is paying the first X half of his pension income in spousal support and has been doing so for 20+ years.


I managed to speak with the original DRO by phone and he advised me to make another CC appointment, requesting him as DRO once again, to discuss the case. That's fine, but I am 3 hours away from the courthouse and I don't see the point in another CC if the X is actually doing something about the spousal support payments.
retired early = lets suppose at age 64
paying spousal to other ex for 20+ = 21? means broke up with her at 43, but for that length of SS to be ordered he has to be married at minimum of age ~22-23
child turning 18 = 64 - 18 = 46
you didnt get full amount for 10 years = 64 - 10 = 54
now 54 - 46 = with you for 8 years.

even if all these assumed figures are correct, still something is very very off in this story.
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Old 01-10-2013, 06:14 PM
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wretchedotis wretchedotis is offline
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I am not sure what DRO is an acronym for...
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Old 01-10-2013, 06:30 PM
FB_ FB_ is offline
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Originally Posted by wretchedotis View Post
I am not sure what DRO is an acronym for...
Dispute Resolution Officer.

http://www.justice.gc.ca/eng/pi/fcy-...ic.asp?uid=327
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Old 01-11-2013, 12:40 AM
Soccermom Soccermom is offline
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******sorry...test*****

Last edited by Soccermom; 01-11-2013 at 12:47 AM. Reason: did quote incorrectly
  #6  
Old 01-11-2013, 12:43 AM
Soccermom Soccermom is offline
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Quote:
Originally Posted by sahibjee View Post
retired early = lets suppose at age 64
paying spousal to other ex for 20+ = 21? means broke up with her at 43, but for that length of SS to be ordered he has to be married at minimum of age ~22-23
child turning 18 = 64 - 18 = 46
you didnt get full amount for 10 years = 64 - 10 = 54
now 54 - 46 = with you for 8 years.

even if all these assumed figures are correct, still something is very very off in this story.

I'm not sure what you're insinuating by stating that "something is very, very off in this story". I also don't know why you bothered with calculations based on assumptions. What benefit would there be to post on this website, searching for educated suggestions and others' experiences, based on misinformation?

I don't feel the need to explain who did what, at what age, but I will state that it is not implausible to be required to pay spousal support to someone while in a relationship with someone else, hence, the timelines may overlap.

Perhaps if you can be more specific as to what is "off" in my post, I may be able to clarify the situation.

I would still appreciate if anyone has some advice as to my next steps.
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