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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 09-02-2015, 11:54 AM
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Default Motion to Change question

I have a technical question about the forms 15 and 15C (mtc or consent mtc) in Ontario. My question relates to the item that says:

"Based on the payors income of $X, X will pay Y $x per month for the following child(ren)."

In my partners case, one kid will see a terminating event in early 2017. FRO said they need a number in the order filed to stop the amount for one kid if there is more than one kid getting support. Plus the cs amount for the one will be lower due to living away for school. Bottom line, one kid will be full table and one will be four months full table divided by 12. FRO cant calculate.

My question is this: should he do two mtc forms -- one for each kid or can he do two clauses in the one form, one for each kid?
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Old 09-02-2015, 03:01 PM
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FRO goes with the last support order income amount

Why bother going through Court to get a new order for a new yearly income amount for FRO? Let FRO go by the old number

I suggest work with FRO on getting your EX's consent to terminating CS for a adult child when the event you say occurs.

For Court purposes at that POINT you have the "change in circimstances" to change a Order at that point.

Because there will likely be "over support" if the EX doesn't work with the FRO whatever support is payable for the adult child going to school and living away (usually 5 months C.S not 4 mo.) is clawed back by FRO...and basically all support could end.

Getting Orders are too time consuming......anyways just a thought
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Old 09-02-2015, 03:22 PM
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We're stumped on what to do. His lawyer says his only obligation is to advise his ex when his income goes up. He contacted FRO a month ago about the "terminating" event of the kid going to school. She was SUPPOSED to advise FRO and fill out the necessary forms to agree to a new support amount. Right now hes sitting a $1500 overpayment. FRO called this morning and said theres no other number in the order they can change it to and he needs a new court order.

He has an excellent chance at a job that will bring his income up higher than the current order with FRO. Rather than sit and wait for her to get her ass in gear, he wants to recommend they file an agreed to mtc so he doesnt end up with a giant arrears amount owing.

Make sense?
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Old 09-02-2015, 03:32 PM
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I absolutely agree with you. She has no incentive to get her butt in gear. Right now sitting on it keeps more money coming in.

Do you have a dispute settlement clause that you can go forward with? If she can't get it done by a certain date. Perhaps do the paperwork for her and give her a prepaid envelope to send it to FRO?
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Old 09-02-2015, 03:40 PM
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This is where I get confused. Their agreement clearly says "cs will stop when..." and then lists clauses. One of those is go away to school and one is reaches 22. The first happened last fall and the second happens in 2017. FRO told him this morning theres no number in the agreement to drop it to so they have to keep collecting the amount in the order. They also say the have forms for the recipient to fill out to agree to the change. His ex wont do that because she gets more money.

So other than a mtc, he cant stop it. He figures if he can get her to agree to a 15C then it can go to the proper amount AND have the new amount when first kid hits 22.

Otherwise if he starts earning a new income then the longer she waits, the more the overpayment gets eaten and then arrears start.
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Old 09-02-2015, 03:48 PM
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She has an incentive not to do anything, and sounds like she wants the cash to keep rolling in. Sounds like a legal maneuver might be best if she won't work with your husband. I know it's more money that would be better spent on tuition, and time with his kids than in a lawyers Audi.

...and the politicians don't think that the system is broken.
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Old 09-02-2015, 04:11 PM
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1) Courts don't deal in future events

What you have is 1 past event provable by what sounds like a term in a seperation agreement.

Motion to Change will take a year or longer until Trial (basically 2017-ish)
(don't forget the Form 35,,,to attach to the MTC)

If you started NOW...you could perhaps resolve things at a Case Conference. in 3 months by doing a Consent Order.

It sounds like FRO tried with your EX and failed.

Just like the Court doesn't deal in the future....it also lives in the past on income ...last 3 year income...and a pay stub.

A pay stub...means a guess on if someone worked full time for a year....so it's best to take a 3 year avg...if you haven't earned a full years pay

opps almost forgot because the 2nd event hasn't arrived yet (but will arrive during the Court process) You can amend your Application (later) (if you foot drag) to include the second event for Trial.....if you catch the drift.

Obviously if the EX only see's ONE adult kid on the Application (which you will win if it goes to Trial) The EX being greedy will want to settle to keep the last childs C.S.....so there's stick handling to be done.because you want to include both kids.

and the only way to do that is drag out Court and while doing THAT you have to pretend to be reasonable for Conferences.

Just a though

Last edited by MrToronto; 09-02-2015 at 04:36 PM.
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Old 09-02-2015, 05:55 PM
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Ok but CS is going to go up. His income in the current order is lower. When he starts working it will be more and he will owe her more per month. How does he do that? A motion to change yes?

At this point its probably easier to just tell her the new amounts and let her do the leg work.
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Old 09-03-2015, 09:50 AM
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Does your order allow you to amend the amount annually, or is he required to do so if he starts the new job?

Can he get her to sign the paperwork for $XX dollars until May 2017 when it decreases to $YY (one kid full table)
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Old 09-03-2015, 10:04 AM
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The separation agreement said he was to amend when he started working (he was unemployed when it was signed) and then exchange info and amend based on tax income after that. He lost his job two years later. He saw a lawyer who told him the agreement was wrong and he should have been paying based on his actual income not tax stuff. His ex filed with FRO because she disagreed. Which is why they need a new order to update the amount when he starts working again. In the meantime the clauses about kids going to school have occurred and hes not supposed to be paying support the months kid is away (thats in the order) but because theres no dollar amount FRO cant do anything except recover the number in the order.
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