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

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Old 05-06-2020, 02:40 PM
schportsfan schportsfan is offline
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Default Fraud

Hi all, I'm new to this forum and I hope you can be helpful.

I will try and keep this short and sweet. Last year I lost a change of motion re child support and my ex was granted retroactive child support, support on going until April at which time my son completed college and I had to pay her lawyer expenses. My ex won the judgement based on a signed affidavit by my son (21 attending full-time secondary school living in a rental not with his mother) stating that he had moved back in with his mother and my ex also stated in court that she was moving in with her mother and leaving her boyfriend which was untrue.

Conveniently, yes my son had decided to move back with his mother at the time he signed the affidavit but after the trial, not even a month later changed his mind and stayed in his rental. By then the lease was up on my son's rental and my ex co-signed renewing the lease stating that she would be moving into the basement of the rental and therefore would be living with my son during the school year. My son then signed an affidavit stating he hadn't moved home but that in about a months time his mother would be moving in with him. She never moved in and I paid child support based on my son living with his mother from September 1 2019 to April 30th 2020. I have proof that she never moved in and there is currently a subletter in the basement, not my ex. Is this fraud? Can I get back the money I paid based on my ex's manipulation of the situation, if I can prove it? FYI I'm asking before I proceed with my lawyer to save some costs.
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Old 05-06-2020, 05:58 PM
rockscan rockscan is offline
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What were your sons living expenses at school and how does that compare to what you paid?

Technically you are required to pay four months of cs if your child lives away from home for school. You are also required to pay a portion of his living expenses (either 1/3 or your % of 2/3).

Calculate whatever that amount is against what you paid and determine the difference. To determine if its worth going after, calculate your lawyers hourly rate times about two weeks.

More than likely the amount you may have overpaid will be less than your legal fees to fight it.
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Old 05-07-2020, 10:40 AM
schportsfan schportsfan is offline
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I paid for his tuition and $500/month towards rent.
He has lived in his own house while at school.
Located less than a mile from his mother's and my place.

14 months at $1770/mo.
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change of motion, child support, financial

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