Background: I filed motion to be credited for non-conforming payments, and a ruling on ex-wife's responsibility as outlined in PSA to sell or refi house which would in turn reduce support. Judge ruled in favor of non-conforming payments crediting me with the arrearage amount to which I petitioned Division of Child Support and Enforcement and they have credited me the same, however the Judge also ruled that the 'assumption' did fulfill the guidelines of the PSA.
After the DCSE credited me with the non-conforming payments and reduced the amount of support in accordance with the PSA for ex fulfilling obligations in the PSA, the ex-wife petitioned DCSE to readdress the assumption indicating that it was not a refi and therefore the support must be increase to the amount as though there was no compliance.
QUESTION #1: would that mean she could be found in contempt for not complying with the PSA?
QUESTION #2: is seeking a declaratory judgment the right thing to do in this case to clarify the ruling?
I have no problem paying spousal support and child support as outline in the PSA, my biggest concern is that the ex continues to manipulate the DCSE (state government) to get something for nothing, to which I suffer financially...
After the DCSE credited me with the non-conforming payments and reduced the amount of support in accordance with the PSA for ex fulfilling obligations in the PSA, the ex-wife petitioned DCSE to readdress the assumption indicating that it was not a refi and therefore the support must be increase to the amount as though there was no compliance.
QUESTION #1: would that mean she could be found in contempt for not complying with the PSA?
QUESTION #2: is seeking a declaratory judgment the right thing to do in this case to clarify the ruling?
I have no problem paying spousal support and child support as outline in the PSA, my biggest concern is that the ex continues to manipulate the DCSE (state government) to get something for nothing, to which I suffer financially...
