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Do new orders/agreements replace older ones?

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  • #31
    Dont get me started on FRO and financial issues in divorce!

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    • #32
      The question is... have you paid off your arrears?

      What were you arrears in 2014 and how much have you paid... that order says $100 per month, but I thought earlier you said you paid $50 a month? It really isn't hard to figure out if you have paid off the arrears, over paid or still have to pay.

      If your arrears were $2000 and you started paying that at $100 a month in say July 2014, it would take you until February 2016 to pay them off, however if you were only paying $50 a month it would take 40 months for you to pay that off, so November 2017... I am sure you can figure this out.

      I would say if you are NOT paid up, whether the new order mentions it or not, you still owe it... the new order does not say it replaces P. 3 para 24, therefore I would say that paragraph stands. Does your most recent order say (no arrears) or was that added by you?? To me, your new order is only updating your CS amounts, not your arrears amounts.

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      • #33
        By your own bizarre analogy, this would be like you got Christmas Day on the first order.

        Then the judge adds EOW on another order.

        Then the judge adds Wednesday nights.

        Does that mean you don't get Christmas Day any more??

        But that is apples to oranges.

        If you owe, pay. Simple.

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        • #34
          You may very well be correct Berner.

          So the same would apply to the access analogy I made?

          Either way...hopefully the MTC can clear all this up and wipe them out for good. We're trying to move on in a positive shared custody arrangement. All I'm seeking is some financial balance. This is the last thing that needs tweaking.
          Last edited by LovingFather32; 08-24-2016, 12:37 PM.

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          • #35
            Originally posted by SadAndTired View Post
            By your own bizarre analogy, this would be like you got Christmas Day on the first order.

            Then the judge adds EOW on another order.

            Then the judge adds Wednesday nights.

            Does that mean you don't get Christmas Day any more??

            But that is apples to oranges.

            If you owe, pay. Simple.
            I don't think it's all that bizarre. Peeps forget to add things on final orders all the time. I was simply wondering if a litigant could rely on a order from 2 years ago instead of the final order

            BTW. ...holidays are always included on all orders. Not sure what your x'mas days explanation is about.

            I find it to be an interesting topic.
            Last edited by LovingFather32; 08-24-2016, 12:43 PM.

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            • #36
              Either way.. this thread can be concluded I believe.

              I bet FRO will get back to me stating what most of you have told me. I'm certainly no expert.

              Thanks for all of the awesome help as usual.

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              • #37
                Originally posted by LovingFather32 View Post
                What about this analogy?

                ...if in 2014 a parent was granted EOW PLUS one Wednesday..but in a 2015 hearing the wording went back to EOW with no mention of Wednesdays..and in 2016 the final order's wording was just EOW..what does that mean? The order didn't specifically say "no more Wednesdays"..but it was left out.

                Can the parent say "Hey...the 2014 order said Wednesdays..I want my Wednesdays"...or would they have to follow the wording of the final order and go back to court to get the wording changed to include Wednesdays again?
                That's not a good analogy because both wordings are about access. Clearly, the new wording replaces the old wording.

                Your first order sets out arrears and the payment schedule. Your second order sets out the updated ongoing CS amount. They are not about the same thing, so the second order is not replacing the first one. The first order also had an ongoing CS amount that was current back then. That is the part that has been replaced with the second order.

                The good news is that a bit of math will let you know when your arrears are gone, and you can look forward to that day.

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                • #38
                  The paragraph in 2014 stated I pay 539 (this includes arrears)

                  The final order says I pay 365 only. One para took over the other I thought.

                  I guess I'm just stumped on how the 2016 para doesn't replace the 2015 order. It's different numbers.

                  I see what you're saying though.

                  I think Blink had a good point about her experiences observing cases kind of like mine where parties couldn't rely on orders going years back...unless its stipulated in wording on the new orders.

                  Interesting food for thought though. In the end my arrears are almost at an end .. only few hundred left. I was just going on principle .. and the entire situation of old orders vs new orders is interesting to me.
                  Last edited by LovingFather32; 08-24-2016, 10:58 PM.

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                  • #39
                    Originally posted by Rioe View Post
                    The good news is that a bit of math will let you know when your arrears are gone, and you can look forward to that day.
                    I look forward to the day that my ex can be self-sufficient and show our little one that women are strong, independent and capable of working hard and earning a paycheck. Financial balance in our shared custody will be a fabulous byproduct.
                    Last edited by LovingFather32; 08-24-2016, 11:46 PM.

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