Excess CS - Accelerated payback

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Excess CS - Accelerated payback

Unread postby grandetaco » Mon Apr 17, 2017 9:46 am

Good Morning and hope everyone has a great Easter Weekend!

I took sometime off to recharge and have some quiet time with the children.

FOC sent me income/over calc papers again.
I will post my question on overnight calc on a seperate thread.

I have overpaid my angelic ex around $30k.

MI FOC does a 10% off monthly CS amount for payback, using that formula I will probably be in hospice by the time I get my money back.

So I need to file a motion for accelerated payback.

What should be some valid justification for getting ma money back faster?

Here is what I came up with:
1. nj can afford to pay me back faster, as she puts in $20k in 401 each year.
2. nj has collection of expensive purses which she can liquidate :-)
3. How about economic hardship on my part? $80 in loans?
“A woman worries about the future until she gets a husband, while a man never worries about the future until he gets a wife.”
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Re: Excess CS - Accelerated payback

Unread postby lovingfatherof2 » Mon Apr 17, 2017 10:03 am

She owes you $30K? How did that happen? They can only go back to the date of filing. Did you back date UCSO really far back or something?

Mine owes me $2200, +/- $200. She was sent paper work giving her two options.
1. Send a check or money order to FOC.
2. FOC will reduce monthly CS payment by 10%.

She went with the 10% reduction and even at $2200 or so it will take years to get it back.

As far as I know there is no other way to get that money back faster if she wont send a check or money order to FOC.
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Re: Excess CS - Accelerated payback

Unread postby JimRockford » Mon Apr 17, 2017 10:28 am

I am not sure if every state will reduce future payments to make up for past overpayments. For example, I am told that CA will not, and you basically have to go through the civil collection procedure as is done on any other unpaid debt.
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Re: Excess CS - Accelerated payback

Unread postby grandetaco » Mon Apr 17, 2017 11:24 am

LOF2, how, I have been waiting for years since I filed.

JimR, civil court, no way, crap more court, OC played this right so OC could get paid.
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Re: Excess CS - Accelerated payback

Unread postby lovingfatherof2 » Mon Apr 17, 2017 11:27 am

What is the date on the UCSO?

Your new parenting plan just became official so the UCSO couldn't possibly have a date older than a few months ago.
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Re: Excess CS - Accelerated payback

Unread postby grandetaco » Mon Apr 17, 2017 11:56 am

lovingfatherof2 wrote:What is the date on the UCSO?

Your new parenting plan just became official so the UCSO couldn't possibly have a date older than a few months ago.


I have not seen a ucso for the new order yet,
My date goes back to the date of filing, my atty and I made sure we get it retro to date of filing.
“A woman worries about the future until she gets a husband, while a man never worries about the future until he gets a wife.”
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Re: Excess CS - Accelerated payback

Unread postby lovingfatherof2 » Mon Apr 17, 2017 11:58 am

When they say "date of filing" it means the date on the UCSO not the date you filed to change parenting time.
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Re: Excess CS - Accelerated payback

Unread postby grandetaco » Tue Apr 18, 2017 9:59 am

lovingfatherof2 wrote:When they say "date of filing" it means the date on the UCSO not the date you filed to change parenting time.


Motion date bro, retro to motion date.
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Re: Excess CS - Accelerated payback

Unread postby lovingfatherof2 » Tue Apr 18, 2017 10:23 am

FOC will backdate it to what is on the UCSO, it's the only date they go by. You will have to get your motion date on the UCSO if that is the date you want it backdated to.

It will open the door for OC to object though.
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