back support

[amazedbyitall]

over paid 3three years in a row and underpaid for the last two - difference between the overpaid and unpaid is mearly 400 . What could happen here , have to go to court to get this and I know costs are more than that to do it for the ex . Ready to pay based on new income $20 difference but the ex isn't giving me options for paying what can I do . I am ready to pay Jan but will not do so until I get the information to pay directly .Never missed a payment ever. But if I am to pay according to the new income I am prepared to do so now .Any advice?

[first timer]

My Separation Agreement includes clauses for both over and underpayments. If an overpayment occurs, it is recouped or repaid by way of a credit for future payments of cs or ss. This is done in equal amounts over a period of 12 months. The same thing applies for an underpayment. It is paid in equal amounts over a period of 12 months. For example: say I overpaid $1000 in 2009 so beginning in June 2010 (date of annual review) my cs would be reduced by 1000/12 = $83.33 a month. If I underpaid by $1000, my cs would be increased by $83.33 a month for the next 12 months. I know it is not easy to negotiate these things if your agreement does not include such clauses along with an annual review but there are numerous cases on Canlii to reference. My Separation Agreement also includes a clause for "Material Change in Circumstances" such as unemployment. It states that support should be based on actual incomes in such a case, and to revisit cs as soon as there is a material change in circumstances. So long as the payor’s income is going up, there may be little difficulty in making appropriate adjustments. But if the payor’s income decreases, there is little point having cs based on an out-dated income.