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-   -   STBX Motioning to lower CS (http://www.ottawadivorce.com/forum/f3/stbx-motioning-lower-cs-21091/)

plainNamedDad44 06-05-2017 10:20 AM

STBX Motioning to lower CS
 
Hi Community,

stbx's counsel is motioning to lower CS. I would like to cross motion for retro CS, as it took about 4 months of asking then a motion to finally get CS from her. I would like the retro CS to be calculated using her income from the pertinent year, when her income was higher.

This this sound right ?

Thanks

PND

rockscan 06-05-2017 10:51 AM

Im not sure about the cross motion but in your response you ask for a calculation dating back to when you first asked. If it was last year, you use her tax 150 and then this year on her updated proof of income. From what we were told, a judge will automatically order child support first before looking at anything else. Once that is settled, they move on to other matters on the file.

plainNamedDad44 06-05-2017 11:33 AM

Thank you Rockscan. Then to clarify

Quote:

Originally Posted by rockscan (Post 221275)
... If it was last year, you use her tax 150 and then this year on her updated proof of income. ...

So if it was last year, use her last year's line 150, if its this years, then this year's line 150 amount. Right?

Also, does anybody have any input as to the likely hood of being awarded the retro C/S ?

rockscan 06-05-2017 11:55 AM

STBX Motioning to lower CS
 
If you are claiming child support for any months of last year, use her line 150 for 2016 (the tax forms she filed this year). If you are claiming for this year (say January to now) you use whatever proof she has provided to you of her income or her income tax as it is the only proof you have of her current income.

You also request anything and everything to prove her income and/or her claims for no income. If you know shes working-a letter from her employer and a copy of two recent pay stubs. If shes not working-a copy of EI account statement and reasons why shes not working. If she is looking for work-a copy of her resume and proof of her ongoing job search.

This is based on the current case my partner is in. His ex wants cs recalculated and his lawyer directed me to do a new chart with his line 150 for the last three years and then his current income is proven with a pay stub and letter from his employer. He also provided proof of his job search from his time unemployed.

What is she claiming as her reason to reduce cs?

If you asked for cs, it may be awarded. I have a feeling you may be at a loss as you were in a battle and the kids switched on their own. Theres no harm in asking though!!


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