I realize there are 3 sides to every story. I’m trying to aid my brother in this case. I will try to just stick to facts and would like to know what his chances are if he takes this to court.
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· He’s asked her to pay CS based on the guidelines and she just says NO. He’s now worried because of the heavy University expenses coming up. It clearly states in the Sep Agreement that Post Secondary is a Section 7 expense and the parties are to contribute their proportionate share but both my brother and I both know that when the tuition bill comes due, she won’t pay.
I’ve advised him to file a Motion to Change …. Asking simply for CS to be paid according to mom’s income of $45,000 and that mom be ordered to pay her propionate share of Post Secondary as stated in the Separation Agreement.
I feel it’s a no brainer if it goes in front of a judge. Is there any way (other than claiming undue hardship, which won’t fly) that a judge would NOT order guideline CS???
TIA
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- 2 kids (ages almost 18 & almost 17)
- Original agreement was Sept 2011 & filed with courts in Feb 2012 .. Original agreement was that girl lived 50/50 and that boy lived exclusively with my brother and saw mom EOW and/or whatever worked best for mom/son.
- Agreement stated that my brother paid offset CS based on his income of $88,000 & her income of $45,000. In original agreement the usual Section 7 applied (medical, school) and mom also insisted on including “Cheer” and “Hockey” “up to $5,000 per year” (as both kids’ were in these for years at competitive levels). Given the parents incomes, my brother was to pay 65% and mom to pay $35%
- Shortly after the agreement was filed, both kids ended up residing full time at my brothers. Everyone thought it would be a “temporary” measure due to a huge blowup between mom and daughter but it hasn’t turned out that way and both children reside with my brother and don’t see mom at all (other than when she shows up at their extra-curricular’s)
- My brother has asked 3 times via email and once via Registered Letter for ex’s NOA for 2012 stating he wants to adjust CS as the kids’ reside 100% of the time with him. She FINALLY provided these over the weekend. Based on her 2012 NOA she should be paying $670.28/month
- My brother is supporting both kids with no CS from her. My niece just applied for Universities and her brother will be following next year.
· He’s asked her to pay CS based on the guidelines and she just says NO. He’s now worried because of the heavy University expenses coming up. It clearly states in the Sep Agreement that Post Secondary is a Section 7 expense and the parties are to contribute their proportionate share but both my brother and I both know that when the tuition bill comes due, she won’t pay.
I’ve advised him to file a Motion to Change …. Asking simply for CS to be paid according to mom’s income of $45,000 and that mom be ordered to pay her propionate share of Post Secondary as stated in the Separation Agreement.
I feel it’s a no brainer if it goes in front of a judge. Is there any way (other than claiming undue hardship, which won’t fly) that a judge would NOT order guideline CS???
TIA
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