alwayslearning
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Reged: 10/05/11
Posts: 4
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Ex going to court to erase arrears?
10/05/11 11:03 AM
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Short: Ex husband and I separated 4 years ago, divorced three years ago. I filed divorce papers asking for a little more than half of the amount of child support calculation for our state. I didn't ask for support from date of separation, only date of final decree of divorce. So, that let him off the hook for almost a year of CS and for 40% of the monthly amount he should have been ordered. He got the house in the divorce, and I had the credit card debt. A little unfair, but I was the one that wanted the divorce because I was unable to forgive him for cheating a year earlier and thought it best for us to both move on, so a few concessions were allowed.
Fast Forward: He has only paid support one time in the last three years. He always has some excuse, and I realize that he will always have an excuse. He did pay almost three thousand dollars of our daughter's orthodontic treatment (out of 9800). I went ahead and covered my daughter's medical, dental, and eye insurance because his coverage stinks, and I am not asking for him to pay for that or his half of the medical and dental claims I have paid in the last four years...
All I am asking for is the support that is ordered in the decree. He is providing for his current wife and her children, and thinks it will be a hardship on his new family to pay his portion for his daughter. So, he is going to court.
I already know the court will rule in my favor, I have looked up case history and rulings in our state/counties. I know the judge will see I asked for less support than I could have, and that I am showing he paid support every time he paid any portion of activities, school clothes etc.
My only concern is that I currently work two jobs to make our budget work as it is, and now I have to hire an attorney. It appears that it is a little iffy whether or not the party filing frivilously will have to pay fees. Is there a way I can ensure that he will have to pay the fees for me having to hire an attorney since he is doing this to get out of what he should be doing, or would I be better off just asking that support be raised to what it should be in order to offset the cost of hiring an attorney and taking money out of my budget?
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