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Modification: Odd TD and no impute?

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DownTime

Member
What is the name of your state (only U.S. law)? FL

Two kids ages 12 (almost 13) and 11.

Modified order sets x amount until oldest child's 18th birthday in early 2017, and a slightly lesser amount afterwards, but sets the termination date for that second amount in March of 2030.

That is 12 years after the youngest turns 18.

Granted, I was a SAHM their whole lives, and the ex violated the court order of 50/50 and alienated one child, so now I am the primary residential with decision making authority, and the prior order was a tiny amount with income imputed to me. They dropped the impute and recalculated on the new time sharing schedule.

None of that may even matter, I just don't want to get an order to pay anybody back later if I have a window to fix it now.

Is 12 years past 18 "normal", or a typo (I believe it's the latter but do not know)?

And may they go back and add my imputed income before this modification ink is dry, or possibly after, which would mean paying back a portion?
 


TinkerBelleLuvr

Senior Member
What is the name of your state (only U.S. law)? FL

Two kids ages 12 (almost 13) and 11.

Modified order sets x amount until oldest child's 18th birthday in early 2017, and a slightly lesser amount afterwards, but sets the termination date for that second amount in March of 2030.

That is 12 years after the youngest turns 18.

Granted, I was a SAHM their whole lives, and the ex violated the court order of 50/50 and alienated one child, so now I am the primary residential with decision making authority, and the prior order was a tiny amount with income imputed to me. They dropped the impute and recalculated on the new time sharing schedule.

None of that may even matter, I just don't want to get an order to pay anybody back later if I have a window to fix it now.

Is 12 years past 18 "normal", or a typo (I believe it's the latter but do not know)?

And may they go back and add my imputed income before this modification ink is dry, or possibly after, which would mean paying back a portion?
Who wrote the order? That is a schrivener's error.
 

DownTime

Member
Who wrote the order? That is a schrivener's error.

Thank you, and for making me google and learn a new term lol.

I believe the magistrate wrote it, or perhaps his assistant.

The right thing to do would be get it fixed before the ink dries on the 20th, but if I cannot, and it hits the depository as is, I'm still afraid of a high payback amount for the imputed income difference--especially considering how slow the process is in FL.
 

LdiJ

Senior Member
Thank you, and for making me google and learn a new term lol.

I believe the magistrate wrote it, or perhaps his assistant.

The right thing to do would be get it fixed before the ink dries on the 20th, but if I cannot, and it hits the depository as is, I'm still afraid of a high payback amount for the imputed income difference--especially considering how slow the process is in FL.

Well, you could always set the amount of money aside that you think might result in having to be paid back. The other party would also have to be pretty foolish not to try to get the order corrected themselves.
 

DownTime

Member
Well, you could always set the amount of money aside that you think might result in having to be paid back. The other party would also have to be pretty foolish not to try to get the order corrected themselves.
Thank you, that is exactly what I will do, set some aside. I don't know why I didn't think of that.

I expect the other party to file an exception to the ruling this week anyways, and while I do harbor some ill will ( ;) ), right is right regardless.

*sigh*, ten more trips to the court house......for a TYPO......
 

TinkerBelleLuvr

Senior Member
Thank you, that is exactly what I will do, set some aside. I don't know why I didn't think of that.

I expect the other party to file an exception to the ruling this week anyways, and while I do harbor some ill will ( ;) ), right is right regardless.

*sigh*, ten more trips to the court house......for a TYPO......
Reality is that making a correction to a schrivener's error is pretty easy. If it is the magistrate who wrote it, why not bring it to their attention while you are still in the window? Why not give them the correct date.

Reality is that you would probably have an update before the youngest ages out. Even if there isn't one, you could modify the order to stop it in the correct time frame.
 

DownTime

Member
Reality is that making a correction to a schrivener's error is pretty easy. If it is the magistrate who wrote it, why not bring it to their attention while you are still in the window? Why not give them the correct date.

Reality is that you would probably have an update before the youngest ages out. Even if there isn't one, you could modify the order to stop it in the correct time frame.

Believe it or not, I actually *will* try to correct it before the date. I don't want whats not mine. Not from him especially. I'll call the courthouse tomorrow to see how to do it.
 

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