I've searched & searched ... need direction

[DunnMom]

Ex & I have a Agreement from 2004 that is a Court Order. In 2010 I filed a motion to change to have CS updated to current amounts AND to re-adjust the proportionate split for Section 7.

Went all the way to Trial (Sept 2011) & ex went down in flames ... the Final Order said that we agreed with the CS (as ex was paying based on his 2010 income & according to guidelines). The judge's new order specified this and stated that it was to be a 70/30 split for Section 7 & even listed WHAT the Section 7 expenses were that ex was responsible for (figures based on both our 2010 NOA's)

The original agreement clearly states, that either party, once a year may ask for the normal documentation to adjust support. The anniversary date for CS to be adjusted is April 1st.

Fast forward to now. I started a new job in November ... ex thinks I got a big fat raise but pay is the same as I was making before BUT come Sept 2012 I "should" be getting a good increase (ie. 5,000 - 10,000) ... nothing in writing but that was what was implied when I took the job.

Ex emailed and said that he wanted my current pay-stub and that if I got a raise that he wanted the proportionate split recalculated and backdated to the day I got the raise. It's a non-issue now cause my pay is the same ... BUT ... let's say that I did get a raise of $5,000. IMO, that will come to light on April 1st when I've provided by 2011 T4's and NOA. And THEN adjustments could me made. My reasoning is that CS/Section 7 is adjusted yearly and let's say ex worked every weekend in the month of July and made time and 1/2 ... does that mean he has to disclose that in August and "adjust" CS & proportionate split? (I think NOT ... as it will come to bearing the following year when taxes are done)

I know there will be tons of OPINIONS on this but I'd like to have some "FACTS" and law on it.

Can anyone help?

TIA

[Tayken]

Originally Posted by DunnMom

Ex emailed and said that he wanted my current pay-stub and that if I got a raise that he wanted the proportionate split recalculated and backdated to the day I got the raise.

If you take it on motion again the proper financial disclosure the other parent should be asking from you is for your job contact and the supporting evidence (pay stub). Thankfully the other parent hasn't asked for your employment contract.

Originally Posted by DunnMom

It's a non-issue now cause my pay is the same ... BUT ... let's say that I did get a raise of $5,000. IMO, that will come to light on April 1st when I've provided by 2011 T4's and NOA. And THEN adjustments could me made.

It can and will be made but, it all ends up as a wash really. The change in CS on a 5-10K pay increase doesn't really change the monthly to the point that anyone would bother taking the matter to court. The return on investment (ROI) of doing this is not proportional to the COST of actually doing this.

Originally Posted by DunnMom

My reasoning is that CS/Section 7 is adjusted yearly and let's say ex worked every weekend in the month of July and made time and 1/2 ... does that mean he has to disclose that in August and "adjust" CS & proportionate split? (I think NOT ... as it will come to bearing the following year when taxes are done)

Nope, but it will show up on the yearly income statements and then CS will adjust. It sounds like CS is on an offset method on a 50-50 or 60-40 split on access. Is it correct to assume this?

Originally Posted by DunnMom

I know there will be tons of OPINIONS on this but I'd like to have some "FACTS" and law on it.

So the facts:

1. You and the other parent can if you agree to adjust child support payments at any time.

2. If there is a significant change in either parties income it is better to deal with it cooperatively than fight it out in court.

3. It all works out in the end when the income statements and taxes are filed. Unless you are dealing with a change in thousands per month it isn't worth fighting it out with solicitors. The cost of a solicitor will blow away any saving the other parent would have on adjusting it sooner rather than later.

Good Luck!
Tayken

[DunnMom]

Thank you ...

It is not offset ... I get full CS ... ex see's 1 kid roughly every 3 wks and the other every 6 wks or so (he lives 12 min. from us and drives by our house daily to get to work).

This started 18 mos ago when ex refused to consent to braces even though it was in our original agreement and even though the boys' had been seeing an Orthodontist for 6 & 5 yrs ... I filed a Motion To Change to adjust CS to current guideline amount (which he HAD been paying after me having to get my then lawyer to send a letter a few years ago but was not enforceable as the original agreement was outdated and at that point NOT filed with the courts, so if I ever had to file with the FRO I could only go by the original agreement) ... and also to force his hand in the treatment of the boys' orthodontic issues.

We had to provide 3 yrs worth of tax info. As the trial was in Sept 2011, the judge ruled CS be based on our 2010 incomes as well as proportionate split (70/30)

I have absolutely NO problem with adjusting ... ONCE A YEAR, as per the original agreement. Neither one of us is likely to get a MASSIVE raise ... couple thousand here or there maybe but even that is unlikely .... I really thought this was DONE in September (2011) and that in March after we've disclosed our 2011 incomes/T4's/NOA's we'd "adjust" and go from there, effective April 1st. But obviously ex feels differently. Years ago he was out of work for 5 weeks (union lay off) ... and the day he found out he was laid off he stopped payment on his CS chq. and it ended up in a huge communication battle which we never really recovered from ... my view was he knew it was a 3-6 wk lay off, not indefinite and CS should remain same and if he had to short me that 1 month that was fine, he could make it up the following month when he went back to work. And then the following year his yearly income would be slightly lower because of his 5 week layoff and his CS would decrease slightly. He wanted CS reduced immediately & to continue until the following year. He wanted to play it both ways.

So basically, are you saying that come Sept 2012 if I get a $5000/yr raise and REFUSE to disclose to ex (because he's already used up his once a year request for disclosure) that I'm within my rights? I will certainly provide my 2012 YEARLY income in Feb/Mar when I have all my documentation and also my NOA when I receive it and if based on our respective incomes the proportionate split should change to say 65/35 then it will be in effect in April 2013 and I have no issue with that whatsoever.