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SWEET JUSTICE :)

lac925's picture

*Some background:

* DH has a SD13, a BD11, and a BS13

1. DH has been paying too much CS (according to his T4's) for the last few years; his family business also burnt down a few years back, resulting in paycuts
2. BM has a daughter from a previous relationship (aka "One night stand") who DH raised as his own; he has not seen her in the last 4 years, thanks to BM - this girl now has serious anger issues and was living with her maternal grandfather before being transferred to foster care (in 2011)
3. BM has never given her father her daughter's portion of the CS (even though she claims she has); so she has essentially received CS for 3 kids instead of only 2 (even though one is not even living with her) for the last 4 years

So, now that all the pertinent details are out of the way...DH started proceedings to have his CS lowered (started last Sept 2014) to a more appropriate amount, and to also cut SD13's portion as she lives in foster care and doesn't come over anymore. As expected, Bm blew a gasket, even though she's been receiving more than she needs (she's been keeping SD13's portion to herself...PLUS she's been getting money from welfare and $36,000 disability for BOTH kids).

Anyway, the lawyer got on it and paperwork was exchanged...and seven long months later, the CS has been lowered ^_^ She will now be getting a little less than HALF what she used to (just over $500, as opposed to $1100)...AND (here's the best part!)...she has to PAY BACK at least $8500 for all those months she took SD13's portion and didn't say anything!!! Biggrin The last part was a surprise to me and DH as we didn't expect it - he was just satisfied with the lowering of CS...But BM SHOULD pay it back. He wasn't seeing SD13 and she didn't even live at HOME with her mother!

With this pay back, BM will pretty much get nothing for the next 2 years (since the amount she needs to pay back every month is basically her whole CS cheque)... but her lawyer is putting her on welfare (can you be on welfare TWICE?) so she will at least have something. Her bf is also on welfare.

We've been talking about this for months upon months, and it's kind of hard to believe that it all went in DH's favour. BM didn't even bother showing up in court on the day, nor did she answer the phone when they had the courtesy to call her! All I can say is "Good luck paying for that new townhouse you can't afford!"

One small step for DH, One giant leap for CS-paying fathers! Smile

Comments

Justme54's picture

That is great news! $600 a month will be sweet. As for the $8500 BM owes, does the lawyer think you all will really get that back. Will her CS be reduce each month until it is paid back? If is not deducted from her CS, I really do not see her ever paying it back.

lac925's picture

DH WILL get it all back. What will happen is: her lawyer will get her on welfare for $1100/month, $550 of which goes back to DH (through FRO)...and she'll have the rest to live off because she pretty much won't get ANY CS from DH for the next 2 years. After the 2 years is done, welfare will end and she will get her normal $550/month. I guess she can go BACK on welfare (or stay on it), but it will never be the same as before - she will never get the full $1100 from DH again, even if she takes him back to court because he won't have to pay for the absentee SD13.

The backpay will be automatically deducted; she won't be responsible for sending the money herself. It sucks because she knows the loopholes around getting money from the gov't, but she'll always be struggling. She's moved at least 3 times in the last 6 months (for non-payment of rent), and this townhouse she's got now is $900/month, which is MORE than the CS she gets. I don't know how she'll be able to pay for it, on top of utilities, groceries, expenses for the 2 skids (granted DH will chip in for half of the major expenses, like braces, etc).

Whatever it works out to, she won't be cashing in on DH anymore Smile

ChokinOnLemonz's picture

How will it be handled? Will you still be expected to pay the 500? I doubt she will pay it back.

And did he adopt the one in foster care? Is he paying for her? That confused me.

lac925's picture

Her lawyer is getting her on welfare so that she'll have something to live off of until the backpay is all settled, and it will be automatically deducted. She will get an amount of $1100 from welfare, half of which will go back to DH, then she will have the rest for the kids. She pretty much won't be getting anything from DH for the next 2 years. But technically, nothing will change - she'll be getting $550 from now on.

DH tried adopting her oldest daughter, but they couldn't find her biological father for him to sign his rights away. DH WAS paying for her, even when she went to first live with her grandfather, then in foster care. For years, she wasn't seeing ANY of the CS he was paying for - BM kept it for herself :/ So DH wanted to at least cut that portion of CS off...Little did HE know that he was going to get it back LOL

It is kind of confusing; DH had to explain it to me a few times. The end result is that BM's gotta pay, and that's good enough for me! Wink

ChiefGrownup's picture

Wow!