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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33716
Experience:  Attorney with 15 years experience
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My former husband has filed a motion for support order review.

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My former husband has filed a motion for support order review. It is only one year until the end of his child support obligations and he owes so much on back support that if I collect the arrears I would care less for his last year of payment. I do not want to go through tedious financial statements or hearings. Is there anything I can file to let the court know that all I want at this point is for him to pay his arrears?
Thank you.

Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Is the motion that he is filing with the court for a review of his obligations with the intention of reducing them based on a financial change in circumstances for him?
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Is he paying anything towards the arrearages?

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Thanks
Barrister

Customer: replied 3 years ago.


He is not paying anything, that's why I have the judgment ordered in Apri of this year. The motion is through DOR, I am recipient of public assistance

Ok, so is the motion through DOR or did your ex file it personally?
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Thanks
Barrister
Customer: replied 3 years ago.


He filed it personally with the DOR, I received financial statement request from them in response to his filing

Ok, I understand now. You can just refuse to supply the financial information they requested and unless they get the court to issue a subpoena to you, you wouldn't have to provide it. If you don't, the court will likely decide in ex's favor, but if you don't care about the last year, then it wouldn't matter.
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Either that or you can send them back a notarized signed statement by you stating that you do not have any objection to his motion for a reduction in the support. You can send both him and the DOR a copy of the letter and that would essentially give him a default ruling in his motion for a reduction.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 3 years ago.


Thanks. Can he ask to change other provisions of the agreement (other than payments)? Can I later object to his financial statement, while seeking arrears? There are many holes in his statement. If I agree to modify, does it mean that I also agree with his disclosure?

Can he ask to change other provisions of the agreement (other than payments)?
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If you are asking about things like custodial time, then no, as long as the motion is only for a modification of the support payments, anything else would have to be addressed in a separate motion. The court will only rule on the specific motion in front of them.
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Can I later object to his financial statement, while seeking arrears? There are many holes in his statement. If I agree to modify, does it mean that I also agree with his disclosure?
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Yes, just because he files a financial statement, that doesn't mean that it is set in stone and can't be objected to later in another action. Each time a new action is filed, the filing party can request updated financial information from the other party. It wouldn't mean that you "agreed" with his information, just that you didn't actively object at this time.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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