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

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  #1  
Old 05-26-2016, 09:33 AM
Busch Busch is offline
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Hi All,

Back in March 2016, Judge made a Final Order to change original order. Ex to pay $123.45 in support effective July 1, 2015. That order also states that EX to pay $12.34 additional per month for Health Benefits paid. This was submitted to FRO.
There was also a Support Deduction Order submitted that states the $12.34 additional be effective March 1, 2016.

FRO has called telling me that since the dates of the 2 Orders don't match they cannot enforce them. I have been told to go back to the court and ask the judge to make the dates the same. The case worker made it sound like I could just walk it, grab the judge and say..."Hey, I think there is an error, can you please fix it?"

They couldn't tell me how to get it fixed other than go to the court. Anyone have any idea how I can get this corrected without having to file a motion and wait for court dates?
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Old 05-26-2016, 09:48 AM
Beachnana Beachnana is offline
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You need to do an arrears statement for the 2 amounts. My daughters order has 2 dates on it.

One for ongoing s7 payments which had a dates prior to the orders date and the other for arrears payments ( monthly amount) which commenced 15 days after the court order date, plus some costs which were considered an instance of CS therefore were due on the next child support day.

Did you complete an arrears statement?

You can ask for a financial review to be conducted. Takes 30 days
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Old 05-26-2016, 10:03 AM
Busch Busch is offline
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Hi Beach,

I think I may not have explained properly. I have an Order and an SDO that state the start date for these are 2 different dates. One states that it starts 07-01-15 and the other states it is to start on 03-01-16. Fro just wants the start dates to match. I hope that makes sense?
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Old 05-26-2016, 12:20 PM
Beachnana Beachnana is offline
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The start dates do not need to match. The dates are the dates they are supposed to be paid on. Did you calculate the arrears.?
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Old 05-27-2016, 08:20 AM
Busch Busch is offline
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Hi Beach,

I did not calculate arrears.....FRO only stated that I need to have the 2 orders match. The issue is that the Final Order (Form 25) states:
2. Commencing on July 1, 2015........(bla bla bla)
6. In addition to the above the Payor shall pay the recipient $12.34 per month as his/her contribution to the cost of s7 expenses"

and then the Support Deduction Order (Form 1) states:
11. In addition to the above the Payor shall pay the recipient $12.34 per month as his/her contribution to the cost of s7 expenses." Start Date March 1, 2016.

So the issue is that the start date of the S7 payments don't match. One order states July 2015, the other states March 2016. FRO is saying that these are the dates that need to match. I was told that a Motion to Change needs to be filed to fix the judges error of dates. I was just hoping that I didn't have to go to court. I have taken enough time off of work to deal with the original (unnecessary) Motion to change brought forward by my Ex.

Is there a MTC that we can file on consent where neither one of us needs to go to court? And do I need to make a statement of arrears. Now that I am thinking about it....he is over 5K in arrears in CS alone...nevermind the s7.

Gawd this is a painful process!!!
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Old 05-27-2016, 12:08 PM
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blinkandimgone blinkandimgone is offline
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It would seem to me that the arrears for last year were $12 starting on the first date, and either an additiinal 12 to 12 to start in march or that was the recalculated amout for this year.
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Old 05-28-2016, 09:17 PM
Desperate_Dad Desperate_Dad is offline
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I wish I could help you but I sympathize. My experience suggests Judges, lawyers and FRO cannot perform simple mathematical equations. I have been trying to get mine changed for three years now and now there is a trial on July 15. You'd think they could figure out that your ex pays 123.45 effective July 1, 2015 and then 135.79 effective March 1, 2016 but trust me they can't. This is simply too complex for their feeble minds to comprehend. On top of that, there are probably retro payments that they won't be able to figure out either.
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Old 05-28-2016, 09:31 PM
Links17 Links17 is offline
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Agreed the math abilities of the entire family law system participants is below grade 6 level. All this discussion of principles and justice and then you screw up the math makes it all for naught.
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Old 05-29-2016, 10:19 AM
Beachnana Beachnana is offline
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It's government bureaucracy at its best. Fro took 5 months to figure out that a cost award stated as an instance of child,support is payable on the night CS support pay date.!

Then once they garnished his income tax refund to bring the arrears down under $3k ( the magic number) they back off and wait until he builds back up his arrears again.

It makes it stress for all, plus a kick in the &@&$ for all those Payors who do it right and pay the correct amount on time.

Here's a thought ... do away with CS and all this crap and waste of time and just give nice big child tax credits based on the number of children in your care and the number of nights they spend with each parent.

So to get the CS you have to work and then you have to parent. Kinda like a loyalty card!
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