Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

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

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 05-25-2017, 11:54 PM
Senior Member
 
Join Date: Apr 2013
Posts: 1,327
Beachnana is on a distinguished road
Default Calculation and payment of new Child Support

I feel this has likely been addressed, but not sure what to search for so will pose the question again and hopefully someone will either answer the question or direct me to the thread which has some answers.

Each year on June 1 NOA are to be exchanged and therefore CS is to be calculated on the previous years income.

Example June 2017 the 2016 Tax NOA are exchanged. If the payor has a change in income for 2016 and therefore CS payments will change when is that calculation made from January 1 2017 or June 2017?
Reply With Quote
  #2 (permalink)  
Old 05-26-2017, 12:35 AM
trinton's Avatar
Senior Member
 
Join Date: Feb 2016
Posts: 1,552
trinton has a little shameless behaviour in the past
Default

is there any anniversary date? i.e., what month was the order made?

This is what I found.. order was made in January so the anniversary was also January..

Quote:
There will be a standard recalculation clause included in the order. There will also be standard disclosure obligations on the part of both parties for purposes of the recalculation clause. The anniversary date for purposes of recalculation is January 1, 2018 and each year thereafter.
Quote:
I learned several things about the Child Support Recalculation Program from the Program during the interval from September 2 until now.

[8] Firstly, the Program will only recalculate child support effective on the anniversary date of the order.

[9] Secondly, the Program will not do retroactive calculations.

[10] For example, if I grant a child support order effective today, November 3, 2015, the Program will only recalculate child support effective November 3, 2016. They will do so based on the parties’ 2015 incomes, as those incomes will be the most current incomes available from tax records. The parties are left to themselves to make any retroactive calculations.
Quote:
[26] Non-conflicted parties using the Child Support Recalculation Program will frequently agree on an adjustment date with no retroactive consequences. I leave it to the parties to determine if that is actually feasible. If so, they will also have to agree that recalculation will be done on the anniversary date of the order taken out from this decision. I make no direction that the Program be involved with these parties or that they opt into the Program.

Last edited by trinton; 05-26-2017 at 12:39 AM.
Reply With Quote
  #3 (permalink)  
Old 05-26-2017, 10:14 AM
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,035
Berner_Faith will become famous soon enough
Default

Think it depends what your agreement states... my husbands says that they exchange by June 1st and new CS takes place on July 1. So he pays July 1-June 30 every year.


Sent from my iPhone using Tapatalk
Reply With Quote
  #4 (permalink)  
Old 05-26-2017, 12:48 PM
Senior Member
 
Join Date: Mar 2014
Posts: 2,899
rockscan will become famous soon enough
Default

If you're basing it on the last years income then the change will only be based on the amount of time the income changed. For instance, payor makes 60,000, gets increase of 10,000 per year in August, income for 2016 is reported at 65,000 instead of 70,000. The idea is that the next year the full 70,000 is reported.

The legal advice we got however stated that by law, changes in income are to be reported immediately and cs updated accordingly. The idea is that the child(ren) should benefit from the salary increase immediately just as they would in an intact family. That idea doesnt work when say, the payor loses their job.

Im about to learn how this is handled in court since my partners ex has asked for a recalculation as she didnt agree with the changes for the last three years.

Beach, your daughters baby daddy has proven to be unreasonable, you may want to just go with tax info to spare the difficulty.
Reply With Quote
  #5 (permalink)  
Old 05-28-2017, 09:38 AM
Senior Member
 
Join Date: Apr 2013
Posts: 1,327
Beachnana is on a distinguished road
Default

So update. We read through the 3 orders to ensure we covered all the different orders and it appears they all state June 1 as the date to exchange NOA and adjust CS and section 7

So we are going with that date.

Sent the NOA tax return info and hoping to get a return information.
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 Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
DivorceMate and The Federal Child Support Guidelines Step-by-Step YGTBFJ Divorce & Family Law 35 11-08-2016 12:14 PM
company vehicle and child support calculation Sebastien1 Financial Issues 14 04-08-2013 03:28 PM
Pension plan change affects my child support payment..how is this fair! LifeMovesOn Political Issues 3 02-28-2013 03:35 PM
Offer to settle. Help with s few sections. SingingDad Divorce & Family Law 12 04-22-2012 04:57 PM
Child Support Calculation....WTF... Father of Two Financial Issues 3 05-24-2011 10:22 AM


All times are GMT -4. The time now is 06:31 AM.