My lawyer is trying one more thing to get ex to pay back spousal support from Jan. 2012. He just keeps lieing. I aparently owe him for an insurance policy he's continued to pay into even though he said he would discontinue it before we separated. Said our daughter lived full time with him in the summer and wants child support. Being sued for a home that he did shoddy work in and appears to have hidden his liquid assets. My lawyer said the sep. agreement likely won't help going through fro. I signed the sep. agreement with loop holes. Basically a waste of paper. The ex will likely stop giving my daughter financial help of 200 a month while she's in college as soon as I agree. He did this in her first year of college which left me to support her financially. Being involved with a liar of an ex is the most exhausting and stressful thing. Being naive and listening to lawyers is not the best thing you can do. Hind sight is 20-20. I'm thinking of making a complaint to the lawyers firm again. The most recent letter to my Ex's lawyer was on her time and money. She's encouraging me to take what the ex offers because it won't get any better. He'll give me 450 and begin regular sp. sup. of 150 a month. The ex is already expecting our daughter to send him her bank statements showing what she spends her money on: which then a month from now he will refuse payment to her. Just a rant.
The lies and manipulation don't stop.
- Thread starter momiss2
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arabian
New member
I would recommend keeping your argument for SS separate from CS. It seems to me from what you have said that the two are being intermingled with each other.
Are you self-represented? You refer to lawyer and is it correct to assume this is your ex's lawyer? If that is the case I'd say you should never listen to your ex's lawyer on what to do and what not to do.
Your ex is obligated to pay CS while your daughter is attending full time post secondary education. Is not CS supposed to go directly to you and therefore your ex would not have any legitimate right to receiving your daughter's bank account statements? [other posters with knowledge of CS will hopefully comment on this].
You mention you want to make a complaint to lawyers firm "again." What's that about? Did you get anything resolved by previously complaining?
Are you self-represented? You refer to lawyer and is it correct to assume this is your ex's lawyer? If that is the case I'd say you should never listen to your ex's lawyer on what to do and what not to do.
Your ex is obligated to pay CS while your daughter is attending full time post secondary education. Is not CS supposed to go directly to you and therefore your ex would not have any legitimate right to receiving your daughter's bank account statements? [other posters with knowledge of CS will hopefully comment on this].
You mention you want to make a complaint to lawyers firm "again." What's that about? Did you get anything resolved by previously complaining?
If you have Sole Custody of your daughter your ex should be paying table based support. In addition he should be paying his proportion of Section 7 for her university. The Spousal support is in addition to all this.
With a Separation Agreement in place I'm assuming neither of you have made an application to the courts. This is why he's offering 450 + 150; in order to placate you, and not get a substantially payment order if you were to take it to court.
With a Separation Agreement in place I'm assuming neither of you have made an application to the courts. This is why he's offering 450 + 150; in order to placate you, and not get a substantially payment order if you were to take it to court.
I have my own lawyer: she encouraged me to sign a separation agreement that has crazy loopholes, which the X is using to his advantage. I would love to take it to court to settle it once and for all. Our daughter has been used as a pawn since the sep. agreement, by my ex. Her permanent address is mine.
DowntroddenDad
New member
Agreed. If there is an amount listed in the separation agreement, FRO will try to collect. You don't need your ex's permission to file with FRO, all you need is a signed and witnessed copy of the agreement.
My lawyer sent another letter recently asking for payment and he continued to lie and say I owed him other things. I asked her then that we should go to fro and she discouraged me as she felt they wouldn't be able to help. It will be filed with fro as it is filed with the court, just recently.. just need one more form to send to fro. If there are so many loopholes fro can't do anything I will go after her. Its sickening to think an ex husband can do anything want to manipulate everyone and even try to ruin my relationship with our daughter at the begining of the separation. I just told my lawyer she can go to court and have this matter settled on her dime. She can even rectify what his real income is which is needed. So sick of it all.. I look back and wished I would have went to court at the time rather waste money and time with lawyers and a crooked ex.
DowntroddenDad
New member
File with FRO, don't wait. If you end up with a difference in the court order after trial, then you can easily amend it. It takes three months for FRO to get setup and start collecting.
Is your lawyer not going to charge you for trial? That just doesn't sound right, going to court is always more expensive than settling out of court, unless you can guarentee that you will be awarded costs. (and there are no guarentees)
Janibel
New member
I would have to disagree with that one. My ex was messing around with spousal support although we had a signed separation agreement. Once I filed it with FRO things changed drastically. Now payments are regular and even the arrears are being garnished.
It does take a few months to implement but I would take care of this ASAP. Also you might want to look for another lawyer ...
I think she should pay court costs as she didn't protect my daughter or myself and left us wide open for continued manipulation. There are no guarantee's thats for sure in court. I wonder why she is discouraging me from sending my completed forms to fro? She just paid for the last letter to my ex. and that correspondence and a meeting with me as I complained to the firm.
DowntroddenDad
New member
What you think and what you can get are two different things, I would not trust that your lawyer will do any work for free unless you have it in writing (and even then watch it like a hawk).
File for FRO. You can do your own paperwork to amend it if you get a different result at trial.
arabian
New member
All maintenance enforcement agencies specify the exact wording needed for enforcement of collection of support. Are you saying the lawyer erred in not preparing a document that meets FRO criteria? Do you have any written correspondence from FRO stating they will not enforce the SA in its current form?
If that is the case I'd let the lawyer know you are going to have her bill "assessed" by the court. [Don't waste your time complaining to law society as all they will do is make your lawyer do some remedial reading.]
If that is the case I'd let the lawyer know you are going to have her bill "assessed" by the court. [Don't waste your time complaining to law society as all they will do is make your lawyer do some remedial reading.]
I took the finished fro form to my lawyer before she sent the last letter to my ex to try and get spousal and back child support for the summer and previous summer. She said she would sign the fro form and I will make sure she does this then send the completed forms to fro asap. I have also requested another lawyer at the firm look at my separation agreement to see what they can do to help this move along. I don't think Fro will do anything as she suggested.
One more thing you should follow up on.
Your separation agreement is filed with the courts which includes cs/ss or whatever clause within it.
You/your Lawyer are applying off to the FRO to have his wages automatically deduct the ongoing support agreement.
You should also have filled in a Statement of Arrears.
Under normal circumstances of a support order signed by the judge the Court Clerk would also fill and forward to the FRO a "Support Deduction Order". The FRO may not start the garnishment with this.
I would check with your lawyer/the court house to ensure this is also available to be sent.
Your separation agreement is filed with the courts which includes cs/ss or whatever clause within it.
You/your Lawyer are applying off to the FRO to have his wages automatically deduct the ongoing support agreement.
You should also have filled in a Statement of Arrears.
Under normal circumstances of a support order signed by the judge the Court Clerk would also fill and forward to the FRO a "Support Deduction Order". The FRO may not start the garnishment with this.
I would check with your lawyer/the court house to ensure this is also available to be sent.
Yup!!!..... I had an order once against my ex and was waiting for months. I finally called them to ascertain why. It was because the Support Deduction Order wasn't sent to them by the Court Clerks. I went down to the court house and got it myself. The clerks hadn't even made up the form. They filled one in and gave me a notorized copy before I left which I subsequently sent into the FRO in case they forgot to do it.
In any case you'll have to go down there or to your lawyers office / court house in order to have your Statement of Arrears notorized. Follow whichever path your going to take to (lawyer/court house) to get the support deduction order.
In any case you'll have to go down there or to your lawyers office / court house in order to have your Statement of Arrears notorized. Follow whichever path your going to take to (lawyer/court house) to get the support deduction order.
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DowntroddenDad
New member
I hate to argue, but you do not need a support deduction order.
My separation agreement was filed with FRO and enforcement began before I had filed for divorce. My ex contacted them, filled in the paperwork and voila.
Now if you have a support deduction order coming forth soon, it may be easier to wait...
arabian
New member
Good going! Sounds like you are heading in the right direction with the law firm. They would know that you can have your lawyers bill assessed.
Doesn't hurt to inquire about deduction order. I'd ask FRO what their process is and find out from them what you require. If they need a separate order then you won't waste time waiting around for it.