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Old 03-28-2006, 12:31 PM
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Hi Babygrrl and welcome to the forums!

The current court order or separation agreement for child support (or custody or anything else) stay in place until there is a new order or separation agreement in place. So, if your ex's income has changed, he can't just unilaterally change his child support - the change must be done by agreemetn or court order. However, the change can be retroactive.

The disclosure requirements are set out at section 21 of the Child Support Guidelines:
http://www.justice.gc.ca/en/ps/sup/grl/ligfed.html

Basically, a person needs to provide their three most recent income tax returns including notices of assessment or reassessment.

As well, if the person is an employee they need to provide their most recent pay stub. The pay stub needs to indicate total earnings in the year to date. This is what protects you from getting a pay stub that doesn't accurately reflect your ex's earnings. If the pay stub doesn't have this, he'll need to get a letter from hisemployer setting out his remuneration.

In your case, you should probably get your ex's T4 for 2005 if he hasn't filed his 2005 income tax return yet.

If your ex isn't providing at least this disclosure, the judge probably won't reduce his child support until this is done.

Your ex's new wife normally would have no child support obligation.
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