Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 06-05-2017, 11:20 AM
plainNamedDad44's Avatar
Senior Member
 
Join Date: Jul 2013
Posts: 817
plainNamedDad44 is on a distinguished road
Default 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
Reply With Quote
  #2 (permalink)  
Old 06-05-2017, 11:51 AM
Senior Member
 
Join Date: Mar 2014
Posts: 2,969
rockscan will become famous soon enough
Default

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.
Reply With Quote
  #3 (permalink)  
Old 06-05-2017, 12:33 PM
plainNamedDad44's Avatar
Senior Member
 
Join Date: Jul 2013
Posts: 817
plainNamedDad44 is on a distinguished road
Default

Thank you Rockscan. Then to clarify

Quote:
Originally Posted by rockscan View Post
... 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 ?
Reply With Quote
  #4 (permalink)  
Old 06-05-2017, 12:55 PM
Senior Member
 
Join Date: Mar 2014
Posts: 2,969
rockscan will become famous soon enough
Default 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!!
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
HELP!!: STBX has moved her investments to another family member to lower income. plainNamedDad44 Divorce & Family Law 8 04-11-2016 12:03 PM
STBX motioning for a Custody/Access Assesment even though OCL has has done one plainNamedDad44 Divorce & Family Law 13 08-01-2015 09:49 PM
Vexatious, bad faith, abuse of process, unreasonable FamilyBlah Divorce & Family Law 22 07-29-2012 02:24 PM
stbx keeps going back on agreements runaway Financial Issues 3 02-21-2012 10:04 PM
stbx using 20 yr old business loss/bankrupcy against me? Just want my 50% onedayatatime Financial Issues 3 10-15-2011 05:56 PM


All times are GMT -4. The time now is 01:23 PM.