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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 12-21-2017, 12:26 PM
Gilligan Gilligan is offline
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Default Can a support recipient show "Blameworthy Conduct"?

I'm dealing with a court action by me ex for retro-active pay. This is a result of her going on LTD in 2015.

I have no idea as to when she went on LTD because this wasn't disclosed to me until Mid 2017 when she produced a letter confirming that she's qualified for somewhat indefinite benefits (i.e. past the 2 year mark for returning to her job).

The problem is that she's purposefully hid this information from me. We have equal access and have exchanged yearly income for the last several years, however she wants to go back to recover retro-active child support based on information that was only disclosed in 2017. She has never asked for an increase, but based on what I read, I was responsible for increasing child support even through I was disclosing my income and following the court order (enforced by FRO). The mother has never been easy to deal with and I really don't like the prospect of going to court every year to adjust CS and FRO makes it VERY clear that they do not want you paying the other parent directly.

I'm at a dis-advantage because I'm a support payer and I'm male.

Question 1.

Are the facts that she withheld her LTD information (Blameworthy Conduct) and didn't ask fro an increase (reasonable delay) a reasonable position for me to take in court?

Given we have joint-custody / equal access, we are both support payors in the eyes of the court and pay offset.

Another note, the mother has refused to pay Section 7 expenses or Ordinary expenses for the last 4 or 5 years.

Question 2.

In calculating arrears, if I follow my court order, I would exchange information in 2015 based on my 2014 NOA and make adjustments. However opposing counsel wants to use 2015 income for January 2015 - December 2015. This causes a problem because I have no way to predict my income to pay? Am I expected to "top up" previous years CS obligations?

Thanks,
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