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  • Unrealistic offer to settle

    So my ex just sent me an offer to settle. She wants me to pay guideline support for our daughter based on an income that is almost 10,000 more than I actually make. She wants me to pay retroactive within 90 days of over 16,000 based on an imputed income of 12,000 more than I make because she's saying I've been working "under the table" (which I haven't and she has no evidence of), and she wants me to sign saying that if our daughter decides to keep going to college after this program that I will resume paying child support and it will keep being paid until she has not been in school for a solid 3 years, then child support would terminate.

    My daughter wants to start a new program again in the fall of 2018, but it's in no way even related to the first one. I don't even have a high school diploma, so I'm lucky to even make what I do today.

    Is my ex on crack? Who would ever agree to sign an offer like that. It's not reasonable and it's completely unrealistic. Can she even ask the court for retroactive that far back, especially since she already signed a withdrawal form with FRO after our daughter was done high school agreeing she was no longer a child?

    Any thoughts?

  • #2
    Did she provide you with any documentation on the program and your daughters enrollment?

    She cant ask for child support for time kid is not a child of the marriage. She also cant ask for payment for additional degrees over what she completes especially if they dont relate to the first degree.

    You could counter with what was suggested to you previously. Full table support for this degree based on your actual income, proportionate share of school expenses and a review of the program when kid finishes this degree to determine appropriateness.

    Remember that to argue costs you need to win. If you go with what a judge would order (which several people including myself have said) you have a better chance.

    Comment


    • #3
      At this point she has sent me 1 sheet of paper showing that she was enrolled in a 1 year veterinary assistant program and she's given me a copy of what her loans were from osap. She has also sent me information about the course she is planning to take next fall. Other than that, she has not given me anything else.

      What are the chances of a judge imputing income I didn't make and making it retroactive all the way back to 2009? The claims she is making is outrageous.

      Comment


      • #4
        Originally posted by Kimmanny View Post
        Is my ex on crack? Who would ever agree to sign an offer like that. It's not reasonable and it's completely unrealistic.
        Don't forget to send your own offer to settle that is reasonable. If hers is unreasonable, that's great! She won't get costs.

        Can she even ask the court for retroactive that far back, especially since she already signed a withdrawal form with FRO after our daughter was done high school agreeing she was no longer a child?
        Totally, child support can't be signed away. She may or may not get it, but it is certainly within the realm of possibility.

        Either way, send an offer to settle!

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        • #5
          I plan to send a more reasonable offer, but she would never agree to anything reasonable.

          Obviously I know she can ask for retroactive, but how likely is it that she would get it that far back for something she can't prove. I've never gone into arrears, she just wants more money. How credible would she look? Also, this is not likely to be heard until after she finishes her program. Could they even award retroactive when she is no longer entitled?

          Seems like she is putting me through so much bs for nothing.

          Comment


          • #6
            Have you shared your income changes annually?

            You should go back three years and figure out what your actual income was and what you owed for cs. You add that to your offer to settle.

            As far as the child not being a child of the marriage when its heard, this is a crapshoot defense to do nothing. The judge could still rule you are the hook for the previous amounts and apply it to her future degree. I wouldnt fall back on "well my kid will be done by then" as a way to avoid it. There have been orders for payment of cs and s7 after the fact to be applied to kids loans and bills. You dont want to take that chance.

            File a reasonable offer and go from there. She will take it forward and hopefully will listen to reason in the first case conference.

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            • #7
              Unrealistic offer to settle

              And if you think Im crazy, my partners ex is playing the "hes been underemployed and has money" argument. Yes she has to prove it but my partner is still having to defend himself through it. As much as he hates having to do it, he submitted an offer to settle that is in line with what the court would order. His ex will more than likely reject it but at least it helps him in the long run for a costs decision.

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              • #8
                There is nothing to add. She knows my income, she wants more income imputed. I'm not going to offer her money based on what she thinks should be imputed when I've paid what I owe already.

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                • #9
                  Then dont include that.

                  The onus is on her to prove that you are earning additional money or that you could be earning more. She will have a hard time doing so. Get a counter offer out and prepare to battle on the other costs. More than likely you will be on the hook for cs for the months your daughter is in school and your proportionate share of school expenses.

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                  • #10
                    My ex emailed her offer to settle form with her signature. Would my counter offer need to be as official or can I just reply with a counter offer in a reply email? I didn't think this type of offer was done until a motion. We are only having a case conference coming up.

                    How much costs can she reasonably ask for being self represented?

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                    • #11
                      You can do an offer to settle at any time is my understanding.

                      Not sure on the format, someone else will have to weigh in.

                      Search can lii for costs awards. I know workingdad on here has been awarded costs and he self repped throughout his case.

                      Comment


                      • #12
                        One of the things the lawyer said to my partner and I is that if the ex agrees to our offer, she cant go back past the date she signs the offer. You said you and your ex reached an agreement before and you signed off on it. If you have been up front with all your income and provided proof of it before then I *think* she cant go back retroactively past that date of signature. I could be wrong though as Im not a lawyer. This was our lawyers response to my partners question about what stops her from coming back four years from now. Lawyer said we cant stop her but signing the agreement or getting an order means she cant go back past that date for retroactive payment.

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                        • #13
                          Ok, I'm ok with the format of an offer. I'm sure I can figure out how to counter offer and what to put in it. I live 2 hours from her, so I will likely email my counter offer to her. I'm right that this offer is not filed in the court file though right? Is there some type of proof of service I have to file showing that I served her with with my offer? There were no written offers the last time we went to court, so I'm not sure if I need to file an affidavit of service for it or not.

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                          • #14
                            I could be wrong but I dont think the OTS becomes part of the court record so it does not need to be filed according to regular rules. You may need to do some searching though. Search this forum as I know a few people have posted about it and also google it. The OTS helps with a costs argument but I dont think the judge is allowed to know about them during the process. Again, not a lawyer so Im not an expert. I just have seen a few things other people have posted.

                            Comment

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