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  • Prep for Settlement Conference

    So the Settlement Conference is coming up soon and was wondering do we need to address the Judge with concerns that were spotted with the Respondent's Brief.

    Basically the Respondent has admitted to:
    1. The Child primary residence with the applicant for 6 years;
    2. Collecting Child Support for over 6 years when not entitled - Respondent's income was higher then Applicant;
    3. The Respondent never paying Child Support even though it should have been adjusted;
    4. He is trying the blame game saying both parties are at fault for not adjusting.
    5. Now he wants to adjust but only offset and starting in 2020 and not pay back any Child Support over-payments made by the Applicant;

  • #2
    Do you have proof of all of this in your documents? If yes then don’t worry. Their response is simply a cover your ass one and is expected. If you have provided financial info on the child support a judge isn’t going to accept the “we were both at fault” argument.

    Plus your lawyer can point it out in their statements.

    Comment


    • #3
      Prep for Settlement Conference

      Going Self Rep on this one so no lawyer to assist.

      All payments were done through the FRO so it was documented. Now that we got some Financial Disclosure we have evidence that the Respondent should not have been collecting and should have actually been paying for many years.

      Comment


      • #4
        Then you can point that out verbally or you can file a response. Either way if the documents are there you can simply say “according to the documentation provided by the respondent, it shows they were not entitled to support and an overpayment of $xxxx was made”.

        More than likely the judge will tell you both what you can and can’t have and try to get you to a mid number to settle. So expect some push back yourself.

        Comment


        • #5
          Originally posted by TheLongRoad View Post
          Going Self Rep on this one so no lawyer to assist.

          All payments were done through the FRO so it was documented. Now that we got some Financial Disclosure we have evidence that the Respondent should not have been collecting and should have actually been paying for many years.
          Prepare a very clear reconciliation that a child could understand.
          Column 1 and 2 are your respective incomes
          Columns 3-4 are the CS table amounts
          Column 5 is what you should have received.
          Column 6 is what you did receive
          Column 7 is the net short or surplus
          Column 8 is the running balance from start to today.
          Reference the Notices of Assessment and FRO statements as backup
          Disclose it to the other side in advance

          Comment


          • #6
            Originally posted by TheLongRoad View Post
            Going Self Rep on this one so no lawyer to assist.

            All payments were done through the FRO so it was documented. Now that we got some Financial Disclosure we have evidence that the Respondent should not have been collecting and should have actually been paying for many years.
            Why didnt the person paying the support go to court long before this?

            Comment

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