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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 06-01-2011, 12:03 PM
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Default Annual Support Review: child & SSAG

We are at the first review:
  1. For the review my ex has provided her 2010 notice of assessment and child care costs going forward.
  2. She has increased her work schedule from 3 days to 4 starting in 2011.
  3. The child care costs increase this year as we now need 4 days instead of 3, and the price has gone up.
  4. The support (Section 7) calculations are, therefore, based on 3 day's income (last year) and 4 day's expenses (this year).
  5. My ex says that the 4 days are temporary but should it revert to 3 days I do not think it will be possible to reduce the child care accordingly. I am reluctant to pay for child care if the mother is at home.
  6. Her lawyer's calculations showed that based on last year's (lesser) income the spousal support should go down (based on mid-point). However, they say spousal is not on the table and if I contest they will ask for more. They do, however, want more child and S.7 support.
My questions are:
  1. Is it equitable to use the lesser of income and the greater of expenses? Is this the normal procedure? Her lawyer says that I can 'benefit' from the greater income next year, but surely matching should be called for.
  2. The child support will go up - no problem with that, I earnt more last year. Should I just start paying that extra amount (today being the first day). Or should I wait until all matters (S.7 and spousal) are agreed? At 06.16 this morning my ex said she was contacting the FRO as I had not paid supoprt for June (i.e., I had not paid the increased support). Child support does not depend on her income, but I should point out that she under-reported her income for 2010 (which she acknowledges) so I don't even have calcs based on the real numbers yet. If I do start paying the increased child support do they not lose all incentive to discuss this further?
The amounts are relatively small, but I am stretched: They want $85/mth more in child and $61 more in S.7. No change to spousal, though it shold go down.

Urgh. Thanks.
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Old 06-01-2011, 12:41 PM
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Wow. She threatened FRO at 6:16am on June 1st for June 1sts payment which didn't automatically go up while you are still in negotiations. Sounds Like my fiancees ex. She threatened us with FRO countless times even through he was paying. She finally went. But as there is no court order and a badly drafted separation agreement so all they are giving her is the lower amount on the papers (she's shot her self in the foot) as they won't give more with out a court order and now we are forced by FRO into arrears. Lovely system. NOT.

Tell her if she gets FRO involved it is going to cost her more money getting court orders and what not to have them enforced and altered but if she wants to take that route you'll be happy to accommodate. I do believe there are fee's that come out of her payment as well - but I am not sure about that.

We are happy to deal with FRO on one side as it means we don't get as many nasty emails from his ex any more it also protects us from her lies saying we weren't paying.

You keep referring to her lawyer. Don't you have a lawyer?

Pay your child support based on line 150 - make the adjustment and pay her the difference today as that is not dependent on her income - it is what it is. Sad but true.

As for the rest - Don't pay extra til you have a definitive amount in writing with receipts!.

Good Luck

Last edited by karmaseeker; 06-01-2011 at 12:44 PM.
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Old 06-01-2011, 02:03 PM
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Quote:
Originally Posted by karmaseeker View Post
Wow. She threatened FRO at 6:16am on June 1st for June 1sts payment which didn't automatically go up while you are still in negotiations.
I must correct that: she thought, mistakenly, that I hadn't paid anything. She realised shortly after and apologised for her mistake.
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