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Ex wants retroactive cs overpayment - in cash

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  • #16
    Originally posted by dadtotheend View Post
    Yes, it would be in their best interest, but it would be contrary to the law, and not in the best interest of the other 30 million people that live here.
    I am well aware that it is contrary to the law I was only attempting to state what the view of his lawyer would have been from his last post. I apologize if there was a misunderstanding on what I wrote.

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    • #17
      Try this one on

      Just finished reading the threads on this issue. I just got out of court the judge ruled in the favor of the ex...He lost his job in 08 got a sevarance that brought him into Feb 09. He went on EI for 26 weeks at the max. During the EI period he kept saying not sure what you are going to do when this runs out. I cant find a job!! He brought his motion before the court in June at which time the Judge orders him to provide disclouse in 10 days. to include where he has been looking for work financials etc.... 10 days pass nothing...we get to the point that hes 5000 in arrears and the FRO wants to pull his drivers Lic. Hes granted a chance to bring his motion to court. In mid Nov he brings the motion to vary cs and files late and only at that time provides a pathetic list of where he has been looking for work and the judge sets cs bases his income on his EI amount gives him a walk and does not set ongoing support amount! And i pay 2000 in his court costs since this could have been avoided...What happened to the disclouser he never gave???? And how can I settle without the disclouser?? He now has a credit with FRO for almost 4500...Do you think the system works here! He never sees the kids, has never paid a dime of extraordinary expenses and did not follow one thing in the settlement and that includes 4 weeks of summer vacation he was to have the kids and never took them so guess who had to pay for the camp for 2 for 4 weeks for the past two years! Does he have a credit with FRO or will they make me pay that too??

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      • #18
        Its actually so nice to hear from the Dads on this forum who want to spend time with their children. It makes me feel good to know there are good Dads out there but at the same time I'm sad because I wish my ex would spend more time or at least make the effort.
        "
        Anyway, long story short, he applied for a withdrawal of support in Nov 08, which I agreed to because he said he had lost his job. But in the papers I was served it said he lost his job in April of 2008 - I didn't know this. Now he wants me to pay him back all of the support from April - November 2008, even though he never advised me or FRO back in April and he continued to pay every month."
        I too am in the same situation only my ex never lost his job...he just doesn't want to pay the table amount so he shaves off as much income for expenses as he possibly can to bring down his income so he doesnt have to pay as much. He is dragging me through court for a CS reduction and he's asking for CS money back that he feels he's overpaid for the last 2 years.
        The saddest part of this whole thing is how often I have to tell my children I don't have the money for tuition to help them out or clothes they need b/c they've grown out of the ones they have. And I refuse to tell them their Dad doesn't pay support ....their relationship can be tenuous with him at best and i don't want to make things worse.
        Anyway...Im going to court the 2nd week in Dec. so I'll post a message with the outcome.

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        • #19
          Originally posted by cat40 View Post
          I don't have the money for tuition to help them out or clothes they need b/c they've grown out of the ones they have.
          How old are your kids?

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          • #20
            lulu45, how did yours move so quickly?. I filed for motion to vary in march and there has been CC and cc and filnally we are coming up to motion, lost job earnings in dec of last year

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            • #21
              My kids are 16 18 and 21 all in school and /or apprenticeship programs

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              • #22
                Nathank my friend. You are getting screwed. Start the motions right away. I don't understand everyone's bad experience.
                My finace and I haven't won everything, but we have won alot. Including refund of overpaid child support. We didn't have to pay a dime child support for over 6 months, due HER now owing US. We were entitled to over a year, but believe me, we were happy to get the 6 months. I know alot of people here have had the short end of the stick, but alot of people have done very well, even representing themselves.Dont ever ever give up. The tides are turning in the Courts.
                We just won a Case Conference last week. My finaces exwife was asking for her version of what Extraordinary expenses were, and also felt she was suddenly entitled to be on his benefits. She is on EI right now after having lost her job last Nov. She got 10% of what she was asking for. Our judge was Fantastic!
                Try to get what is fair. That is your money, you work hard for it.

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                • #23
                  Originally posted by dajackal View Post
                  in july, one of the 3 with her moved in with me. I had to continue to pay her for the one that moved in with me because of a support deducion order. I did file a motion in August
                  You filed basically right away, therefore you only "lost" a month worth of support. Yours was a reasonable response and IMHO you should be entitled to that money back somehow.

                  But in the OP case the father did not even inform the mother of the job loss, or the FRO. The court is not going to look favourably since he was not responsible enough to do this. IF he had informed the mother it is quite obvious that they could have worked something out, but apparently he was not concerned for at least 6 months. I question whether the job was actually "lost" back then at all!

                  The fact that he lives with his parents is not going to help him. He was still able to pay the support, and the mother continued to use it to support the kids. He was not struggling to support himself, and I am guessing his parents were willing to help him out. By continuing to pay he was doing what was best for his kids, and trying to get the money back after the fact indicates that he was:
                  1. too lazy to file for a reduction in a timely manner or
                  2. vindictively seeking compensation

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                  • #24
                    oh, I got sucked in by someone pulling up an old post. Hate when that happens.

                    FYI, if you find an old post and you want to bring up the issue again, PM them. It is so confusing to read through a thread and post on it and then realize that that person has long since moved on.

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                    • #25
                      Sorry, my bad

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