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Interesting Discussion with our Lawyer Yesterday - You CAN Make BM Repay you for $$ if she is Abusing the Child Sharing Time.

MarriedaBallessWonder's picture

Submitted by MarriedaBalless... on Thu, 11/14/2013 - 1:43pm

Long story short. We met with out attorney yesterday regarding time and other issues. Our BM has taken advantage of us in all ways, time, money, etc. We are supposed to have them 50/50 but she always dumps them off on us for one reason or another and so for the past 8 years or so its been us 90% of the time and her 10%. Yet she still was receiving the full amount of child support.

Our new lawyer has been very successful is litigating the abused time and has had the BM have to PAY BACK the child support based on time! I thought I was dreaming when I heard him say that LOL!

So he said it could turn into a pissing contest and that could very well be true. We are considering taking her back to court over the overpaid child support, but the other issue is, we may have to move to another State soon or even out of the Country.

I just thought you gals would find it delicious that you can get abused child support back. At least here in Colorado.

}:)

Comments

SMof2Girls's picture

Submitted by SMof2Girls on Thu, 11/14/2013 - 1:49pm

90% DH and 20% BM .. how is that possible?

Hopefully you can get the money back, but I can't imagine it will be easy to win. I'm sure your lawyer will eat up a nice little chunk of anything you do get awarded back from BM.

MarriedaBallessWonder's picture

Submitted by MarriedaBalless... on Thu, 11/14/2013 - 1:51pm

Opps, I meant 10%.

Honestly, if we pursued it the chunk of change would be worth the misery and years of Hell she heaped upon us, well more so me, all of these years.

lac925's picture

Submitted by lac925 on Thu, 11/14/2013 - 3:29pm

Wow! :jawdrop: Who is your lawyer and can he work in Canada???

Our BM is also being overpaid - she gets paid for 3 kids (1 is DH's SD), but she's only got 2 living FT with her; her oldest daughter lives in foster care. Also, DH had to take a pay cut a few years back, but he's never gotten around to lowering the CS. On top of all that, BM gets Baby Bonus (and yes, for THREE kids instead of TWO). She brings in more per month than DH does, and even with all THAT, she's broke!

She's damn lucky DH hasn't taken her to court to have CS lowered and SD13 cut off (she doesn't come over anymore and doesn't acknowledge DH as her "dad"), especially now when she's $1700 overdue on her rent and she can barely afford to feed her kids! DH just doesn't have the heart to do it.

We were actually talking about the plausibility of getting paid back for the years that SD13 hasn't been over. The agreement was that he gets the 3 kids EOWE and she gets the CS for them. We've only been getting 2 kids for the last 3 years, PLUS her oldest doesn't even live with her! And she's only DH's SD, not her biodad.

It's a complicated situation and BM is profiting off of it Sad