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Old 01-25-2017, 02:27 PM
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Default Change in child support amount following loss of job

Hello all,
My ex and I settled all our issues just before trial last November, in 2016. Our agreement included a clause for adjusting child support based on my income from last year, when I lost my job, effective January 1 2017. The ex had been dragging her feet to effect the change, but finally did it.
What documents do we need to accomplish this?
We have signed our minutes of settlement detailing the amount and duration of the adjustment, and I have put all that information in a form 14B and a form 25.
Are those the correct forms, or do I need a form 15D as well?
I live in Ontario.
Please, any advise will be greatly appreciated.
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Old 01-25-2017, 02:43 PM
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My ex and I settled all our issues just before trial last November, in 2016.
And you lost your job on January 1st of 2017. Your 2016 income would be what CS is based on generally. So you wouldn't see a change until June of 2018 in most cases.

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Our agreement included a clause for adjusting child support based on my income from last year, when I lost my job, effective January 1 2017.
See my note above. Generally, CS should change when income does but, it is rarely done. Also, unemployment is temporary so if you adjust it now for your loss you will have to adjust it for when you become employed too.

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The ex had been dragging her feet to effect the change, but finally did it.
Well, hopefully, you are not unemployed forever... So dragging of feet on something like this may be a hope (or expectation) that you will find comparable employment.

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What documents do we need to accomplish this?
Depends... Is your matter being handled by FRO?

If yes:

Then you need to sign an agreement stating the new CS amounts and to submit this agreement to FRO.

If no FRO:

Be adults and change the transfer payments accordingly.

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Originally Posted by c800957276 View Post
We have signed our minutes of settlement detailing the amount and duration of the adjustment, and I have put all that information in a form 14B and a form 25.
You don't really need to. The minutes should be enough for FRO unless they specifically need an order. A settlement should be enough.l

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Are those the correct forms, or do I need a form 15D as well?
See my above question about FRO and the YES and NO answers.

Good Luck!
Tayken
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Old 01-25-2017, 02:50 PM
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Tayken
Yes, my income from 2016 is what we are basing our adjustment on, for 2017 from January 1 until I become employed.
We will adjust it again when I become employed, and also in January 2018 we will recalculate again, and so forth. All those items are included in the settlement and final order. Payments are through FRO.
I'm only asking about the forms needed. If you or anyone else could provide some guidance, it will help a lot. I appreciate your comments on everything else.
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Old 01-25-2017, 02:53 PM
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Tayken, I lost my job in 2016, so the agreement was that from January 2017 I pay based on my 2016 income.
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Old 01-26-2017, 09:19 AM
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If you or anyone else could provide some guidance, it will help a lot.
As you are unemployed you can go down to the Family Law Information Centre (FLIC) in your area and they can help you. If there is not one in your jurisdiction the duty counsel at the court house can help you.
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