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Old 11-05-2017, 08:06 AM
Tandem80 Tandem80 is offline
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Default Child support:change in circumstances/disclosure!

In the middle of draftig a Consent order to make changes to our original.

I suggested that I will adjust support on a yearly basis according to my income.

Easy, right?

Nope. We have been doing a 3 year average...and because I had one really good year she thinks that the 3 year average is no longer sufficient and wants the support based off of that one years higher income (which includes a significant severance payment). So it is not actual income "earned". With that said there are no arrears on my part, seems as though I have overpaid over the years.

My ex agrees to adjustig yearly...BUT...My ex's lawyer wants to add a clause that I will continue to pay support based on prior years income even if my income dips in the current year. I'm ok with that as my income does always dip but evens out YTD.

The problem I have with this is what if there is a change in circumstances beyond my control? I am in the oil industry. What if I get injured and can't work or I lose my job and can't find a new one with the similar pay?

Do I still maintain the right to file a motion to vary? I don't want to trap myself.

Also it seems her and her lawyer are having a bit of trouble disclosing her 2016 income tax return. It is well over due as I was supposed to receive it end of June. Still just recently her lawyer stated he request it...but that is all.

We are also adjusting Section 7 expenses and I do have reason to believe she has a lot more money available to her than she claims in her motion filed in May 2917. She never disclosed her 2016 income tax return with that either. I feel like they are hiding something.

I don't want to finalize any agreements until it is brought forward. Do I need to file a motion to disclose even though she already filed a motion but didn't include her own income tax return.
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