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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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Old 07-17-2017, 04:53 PM
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Default Child Support Order

The last piece of my case has been finalized. We have agreed on 50/50 and as such, agreed to offset child support. Our lawyers wrote up the final minutes of settlement and it was signed back in April.

Today, my lawyer contacted me to let me know the support order was finalized and to come pick up a copy. I went to get it and when I got home, I read it and I am a bit concerned. The order does not follow the child support guidelines of what is to be included in an order. (Ex`s lawyer wrote the draft order, I am assuming my lawyer approved it without asking me even though I had asked to be sent a copy prior to approval).

Section 13 of the guidelines states (and my comments in blue):

3. An order for the support of a child must include,

(a) the name and birth date of each child to whom the order relates;The first names only of each child appear and no birth dates


(b) the income of any parent or spouse whose income is used to determine the amount of the order;There is zero income information for myself or my ex, even though it was used to calculate and we both gave full disclosure

(c) the amount determined under clause 3 (1) (a) for the number of children to whom the order relates;It just states that $381 will be paid by me to my ex

(d) the amount determined under clause 3 (2) (b) for a child the age of majority or over;does not apply to us

(e) the particulars of any expense described in subsection 7 (1), the child to whom the expense relates and the amount of the expense or, where that amount cannot be determined, the proportion to be paid in relation to the expense;Says what we agreed to

(f) the date on which the lump sum or first payment is payable and the day of the month or other time period on which all subsequent payments are to be made; andSays as agreed to

(g) reference to the obligation under subsection 24.1 (1) to provide updated income information no later than 30 days after the anniversary of the date on which the order is made in every year in which the child is a child within the meaning of this Regulation, unless the parties agree that the obligation shall not apply, as provided for in that subsection. O. Reg. 391/97, s. 13; O. Reg. 25/10, s. 4.Also included

So my biggest concern is that off set amount was used however not worded into the order and therefore should my ex decide she wants more, she could theoretically go back to court in a couple years and request back support to my full income and I have nothing to show that it is offset amount to be paid. Fro is already enforcing this order so they don`t seem to care that it is missing elements and my lawyer basically shrugged me off and wished me well.

Thoughts?
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Old 07-17-2017, 05:41 PM
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Quote:
my biggest concern is that off set amount was used however not worded into the order and therefore should my ex decide she wants more, she could theoretically go back to court in a couple years and request back support to my full income and I have nothing to show that it is offset amount to be paid.
You can show your income at the time, her income at the time, and it will be obvious that it is the offset guideline amount. You do not need to worry about this.

However, if your are splitting tax benefits (eligible dependent credit, CCB), your claim may be rejected and your ex receives all of it.
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Old 07-17-2017, 05:43 PM
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Originally Posted by OrleansLawyer View Post
You can show your income at the time, her income at the time, and it will be obvious that it is the offset guideline amount. You do not need to worry about this.

However, if your are splitting tax benefits (eligible dependent credit, CCB), your claim may be rejected and your ex receives all of it.
I didn't even think about that part.

Do you know if there is a way to have this changed? It is already made a final order.
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Old 07-17-2017, 10:31 PM
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Do you know if there is a way to have this changed? It is already made a final order.
If it is in a reasonable period of time, and everyone agrees, you can change the order. If it is not in a reasonable period of time, but everyone agrees, you can do so by a motion to vary.

If there is no agreement, but spousal support is in play, look at the DivorceMate SSAG tables. They will indicate who gets the benefits for the kids. If you are paying under the assumption you will split the benefits, but this is not happening in reality, you can shake the material change in circumstances stick.

If there is no spousal support (or the amount of SS assumes recipient has all tax benefits for kids), then you are probably SOL if your ex decides she wants all of the benefits.
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Old 07-23-2017, 11:24 AM
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If it is different than what you signed then raise the issue. If you signed something you didn't read....

Unfortunately this won't help you freckles but for everyone else.
READ WHAT YOU ARE SIGNING. Don't be pressured into signing anything. Take the document home, read it, put it down, read it the next day.

Do some research on your own if something doesn't seem right. I know you pay a lawyer but a lot are not thorough (sorry lawyers, no offense. I imagine any lawyers that are on this forum are here for the right reasons)
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Old 07-26-2017, 05:31 PM
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Originally Posted by Aghast View Post
If it is different than what you signed then raise the issue. If you signed something you didn't read....

Unfortunately this won't help you freckles but for everyone else.
READ WHAT YOU ARE SIGNING. Don't be pressured into signing anything. Take the document home, read it, put it down, read it the next day.

Do some research on your own if something doesn't seem right. I know you pay a lawyer but a lot are not thorough (sorry lawyers, no offense. I imagine any lawyers that are on this forum are here for the right reasons)
It is different then what we signed. I read and reread and reread again before I signed it. Unfortunately I received that paperwork that my lawyer accepted the draft order and signed off on it..
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Old 07-26-2017, 05:55 PM
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If you plan to use the Eligible Dependant Credit on your taxes, you're going to get rejected by the CRA. If your going to claim the credit, then I would definitely get the order reworded.

You will want it to specifically state the amount of child support that each of you are to pay to the other. As soon as the CRA reads your order, and see that it only declares you as the payor, they will reject your entitlement to the credit. It HAS to state that both of you are paying child support to eachother. They willfully choose to not understand what offset actually means for some reason.

Myself, even with my order worded properly, I think the first three years after my seperation when I filed taxes, I had to dispute their denial of my eligibility to claim the credit, which takes a significant period of time, and is frankly a pain in the ass.
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