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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 07-13-2021, 03:49 PM
trueblue22 trueblue22 is offline
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Default What counts as notice for spousal and child support

Hi everyone,

I am trying to build a case against my ex husband for retroactive spousal and child support. I know that it only goes 3 years back from date of first notice given but what is considered official notice?

My original lawyer wrote to his lawyer I needed money and my ex started transferring me a lump sum every month (about 1/4 of what he used to give me when we were together) . Since we have no agreement I don't need to pay taxes.

The amount of money I'm being transferred is not sufficient. I have told him several times over the last 3 years I need more money via email but his response is to request financial disclosure on my new business from his lawyer. By telling him I need more money would this be considered "notice"?
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Old 07-13-2021, 05:05 PM
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Originally Posted by trueblue22 View Post
Hi everyone,

I am trying to build a case against my ex husband for retroactive spousal and child support. I know that it only goes 3 years back from date of first notice given but what is considered official notice?

My original lawyer wrote to his lawyer I needed money and my ex started transferring me a lump sum every month (about 1/4 of what he used to give me when we were together) . Since we have no agreement I don't need to pay taxes.

The amount of money I'm being transferred is not sufficient. I have told him several times over the last 3 years I need more money via email but his response is to request financial disclosure on my new business from his lawyer. By telling him I need more money would this be considered "notice"?
you will have to take it to court to settle the matter. He has given you a certain amount for SS and you accepted it. I think most people would do what he did when confronted with a gold-digger, ignore any personal requests for money. Provide the disclosure the lawyer wants if you want to get the ball rollling. He wants it all done through the courts so he can claim the SS on his taxes and that is the smartest way to do it.

You do not want to sell the house so why would he just give you more money because you feel that you do not get enough? You put up a roadblock so of course he will do the same.
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Old 07-13-2021, 05:12 PM
Kinso Kinso is offline
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I know that it only goes 3 years back from date of first notice given but what is considered official notice?
This may no longer be the case with recent Supreme Court decisions.
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Old 07-13-2021, 05:15 PM
trueblue22 trueblue22 is offline
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Originally Posted by Kinso View Post
This may no longer be the case with recent Supreme Court decisions.
What do you mean? Do you mean I can go even further back?
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Old 07-13-2021, 09:10 PM
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This may no longer be the case with recent Supreme Court decisions.

I was just going to post that! For child support, I do not think that as a practical matter there is a requirement for notice or a 3-year limit anymore. A person is pretty much deemed to know that he or she has an obligation to pay child support and that the amount to be paid is what is set out in the Child Support Guidelines.
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Old 07-13-2021, 09:19 PM
rockscan rockscan is offline
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Originally Posted by trueblue22 View Post
What do you mean? Do you mean I can go even further back?

With all due respect to Kinso and Jeff their answer may not be applicable in this case. You are (again) overlooking some key elements in your case chief among them ENTITLEMENT.

You may have asked your ex for more money five years ago but you fail to take into account a review of the financial elements of that. You had a pseudo agreement for monthly costs and you werent happy with it. Just because you said five years ago you needed more money does not mean it should have been higher or that you were even entitled. Your ex could come back outlining that you were not entitled to more than what he was paying you based on you quitting your job and/or occupying the matrimonial home. If you arent entitled, it doesnt matter how far you go back.

What you need to do is stop looking for ridiculous loopholes and provide your full financial disclosure. If your lawyer continues to support your refusal to do so then he should be fired as he is simply making your case worse and costing you more money.
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Old 07-13-2021, 09:37 PM
StillPaying StillPaying is offline
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Originally Posted by rockscan View Post
With all due respect to Kinso and Jeff their answer may not be applicable in this case.
It is because they're dealing with cs more than 3 years old.

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You are (again) overlooking some key elements in your case chief among them ENTITLEMENT.
Entitlement has already been long established, but we're taking cs not ss.

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What you need to do is...
Stop listening to you.
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Old 07-13-2021, 09:39 PM
trueblue22 trueblue22 is offline
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Originally Posted by rockscan View Post
With all due respect to Kinso and Jeff their answer may not be applicable in this case. You are (again) overlooking some key elements in your case chief among them ENTITLEMENT.

You may have asked your ex for more money five years ago but you fail to take into account a review of the financial elements of that. You had a pseudo agreement for monthly costs and you weren�t happy with it. Just because you said five years ago you needed more money does not mean it should have been higher or that you were even entitled. Your ex could come back outlining that you were not entitled to more than what he was paying you based on you quitting your job and/or occupying the matrimonial home. If you aren�t entitled, it doesn�t matter how far you go back.

What you need to do is stop looking for ridiculous loopholes and provide your full financial disclosure. If your lawyer continues to support your refusal to do so then he should be fired as he is simply making your case worse and costing you more money.
My lawyer ran the numbers. My ex is not paying sufficient child support. He's paying the minimum table amount for 2 childen but he makes 3 to 5x that. I need his support and can prove need.
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Old 07-13-2021, 09:42 PM
rockscan rockscan is offline
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Originally Posted by StillPaying View Post
It is because they're dealing with cs more than 3 years old.
No its not. Shes looking for spousal and has been demanding info on this for a while.

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Entitlement has already been long established, but we're taking cs not ss.
She said ss and entitlement has not been established as she hasnt provided her financial disclosure.

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Stop listening to you.
She hasnt been listening to anyone on this forum but its so nice to see your animosity is still festering. I do love having that effect on a bitter little man.


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Old 07-13-2021, 10:02 PM
StillPaying StillPaying is offline
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No it�s not. She�s looking for spousal and has been demanding info on this for a while.
Hmmm... either everyone is wrong, including kinso and jeff, or you're mistaken...again.

Quote:
She said ss and entitlement has not been established as she hasn�t provided her financial disclosure.
You speak so much without any knowledge on the topics. Her disclosure would be irrelevant to the already established entitlement. Regardless, kinso and jeff were speaking of cs which is very much relevant.
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