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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1 (permalink)  
Old 03-29-2014, 07:05 PM
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Default Change in CS automtic?

Separation Agreement was not filed in court or registered to any courts.

It was agreed on that said agreement that CS would be less then the Federal Table. It was this way for 3 yrs and has changed since the ex retained a lawyer and requested I pay full amount according to Fed Table. I changed it immediately and paid the ex according to Fed Table following month.

Due to recent decrease in pay, I would like to change CS according to my pay. Can I simply fill a Financial Statement and provide her a copy and pay her the new amount?
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Old 03-29-2014, 09:46 PM
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Depends ... Has your agreement EVER been filed with the courts or is it just am agreement u guys did up and signed by lawyers?
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Old 03-29-2014, 09:50 PM
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Quote:
Originally Posted by DunnMom View Post
Depends ... Has your agreement EVER been filed with the courts or is it just am agreement u guys did up and signed by lawyers?
Not filed or registered with any courts. Done through a lawyer.

Keep in mind, the amount on the agreement is much less then actual, but when the ex asked for actual I did not oppose it. nothing was done through courts at all about this.
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Old 03-29-2014, 09:59 PM
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At any point in time a CS recipient can file an existing agreement and have it enforced ... In your case u say it was LESS than table amounts.

At any point the recipient can request table CS based on your actual income.
The recipients next step if you refuse is to file a Motion To Change ... U will be required to provide last 3 years income disclosure and pay CS accordingly ... So for 2013, 2012 & 2011. Let's assume you made $80,000 those years and NOW you are only making $60,000 year due to a change in job or whatever.

When it plays out in court a judge will order support based on your current income ... UNLESS it appears you are at fault and simply quit and took a lower paying job which may appear as you are trying to avoid your CS obligation and you may be forced to pay CS based on an income level you not longer have.

The right thing to do is disclose income yearly and pay accordingly. If it's a big jump,than I highly recommend filing a Motion To Change On Consent so everything is documented and flows properly
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Old 03-29-2014, 10:02 PM
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Technically CS is to be calculated on actual income. To simplify things, most people update annually, rather than at ever pay stub. Do you two normally update CS amounts, if so, when?

If this decrease in pay is significant then yes you should update right away, but if we are talking about a difference of $10 a month, I would wait until your annual update time.

If it is a significant decrease, the next question is why and can you be considered underemployed?
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Old 03-29-2014, 10:07 PM
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Berner_Faith.

We do not or have not ever in the 3 yrs separated have had an annual update. I asked her to decrease it due to lose of income for year 2012. She refused to respond of course and brought it up in our Settlement Conference were the judge made it clear to me that an NOA is required. I have my NOA but I am not sure if I need to file a change on consent or just do it after I provide her with my financial statement?


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Old 03-30-2014, 07:31 AM
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Quote:
Originally Posted by OntarioDaddyMan View Post
Berner_Faith.

We do not or have not ever in the 3 yrs separated have had an annual update. I asked her to decrease it due to lose of income for year 2012. She refused to respond of course and brought it up in our Settlement Conference were the judge made it clear to me that an NOA is required. I have my NOA but I am not sure if I need to file a change on consent or just do it after I provide her with my financial statement?


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If there is nothing filed with the court as per your separation agreement you don't need to file a change of consent. What you would do is send her a copy of your NOA and state that CS amount needs to be updated since it hasn't been since the SA was made. Going forward you would like to update CS amounts annually based on the last year's income. If you decide to do it now, then every year update in March and start the new CS in April. I believe most people update in June and CS amounts change in July. You have to be fair though. You can't just update because your income went to down, if your income goes up this year you need to still update next year.
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Old 03-30-2014, 09:28 AM
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Absolutely, I do not have any issues with paying CS.

It's very hard to provide a home for your child as well as supporting another home. I'm the end it is all worth it.


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Old 03-30-2014, 03:32 PM
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See, this is sort of the problem my partner is having. Their agreement states yearly review with taxes BUT when he got a job in 2012 he upped his support and upped it again three months later when he got a higher paying job. The ex didnt have a problem because support went up. However, his 2013 taxes were less than his actual salary and she was pissed at the lower amount. When he lost his job in nov, the lawyer (two of them actually) told him he was supposed to pay her more as it was based on actual income regardless of what the agreement says. So he provided an arrears cheque. She refuses to accept it because their agreement states yearly and shes also expecting this big windfall disclosure even though the arrears are based on his income and he wants the higher amount to be provided as his oldest will attend university away from home this year so she wont realize the support amount she was owed last year. Hes trying to express to her regardless of the agreement, current income is the proper amount and hes rectifying a mistake made last year.
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Old 04-02-2014, 08:35 AM
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So after all calculations, my CS would only change by $40 a month. I know it may seem petty but I provide a home for our Che as well as pay CS . That $40 can help with clothes and stuff.

Should I not bother over $40 considering we are still going through these proceedings ? And it might change if we end up sharing custody no?


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