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  • My Legal Briefcase

    My husband is divorced since 1991 and his children ages 22, 21, 20 and 18, now all working full time. None of them are in school anymore, but he owes tens of thousand of dollars in "arrears" for the time the children were already working full time. His ex wife will not send a letter to the Government child support enforcement office, the FRO, admitting any of this so they are not erasing the arrears. What are we to do?
    Posted:
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    Make an application to the court retroactively cancel the arrears on the grounds of a
    material change in circumstances. Namely, that the children are no longer in school and are
    working full time. Once you even serve the court document on his wife, she is liable to write
    the FRO because she may not wish to incur the unnecessary court costs of needlessly
    defending the lawsuit, especially if she does. Why? If she loses she will have to pay your
    husband's legal costs. In fact, an initial letter from a competent family law lawyer with the
    threat of such a lawsuit may do the trick.

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