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

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  #11 (permalink)  
Old 07-13-2016, 08:24 PM
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We are 50/50. It's the offset amount.
So my question is does the amount change on a yearly basis if one of our incomes change?
I can't find info on this anywhere.And it doesn't state in our order.
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Old 07-13-2016, 08:27 PM
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DO you have a clause in your order that says you exchange Notices of Assessment from CRA on a certain date each year? If so, do that and note any changes in income. If there are changes chat with your ex about consenting to the change in offset support. If ex becomes uncooperative then file a motion to have the amount altered, with the NOA's as your primary exhibit.
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Old 07-13-2016, 08:57 PM
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You should have an item in your agreement that states you update once a year based on income. Then the next year reflects the updates. If its offset its easier to update once a year regardless of if his income changes.

And yes to your other item about winning the lottery or you getting a raise. Child support is for the child and if you are sharing custody then you share expenses. Your child is the one benefiting from yours and your ex's incomes. You need to stop thinking in terms of what he owes you and think in terms of what you both owe the child.
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Old 07-13-2016, 08:59 PM
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Default Great quote

Entry # 2061 of best ODF quotes!

Quote:
Originally Posted by rockscan View Post
You need to stop thinking in terms of what he owes you and think in terms of what you both owe the child.
Love it!
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Old 07-14-2016, 06:25 AM
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Quote:
Originally Posted by rockscan View Post
You need to stop thinking in terms of what he owes you and think in terms of what you both owe the child.
Isn't child support one part of what we owe the children? Isn't it in the best interest of the children that parents understand why child support is paid and how the child support guidelines work?
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Old 07-14-2016, 07:09 AM
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Yes it is but from some of your posts youve demonstrated how unfair it is and that he owes. If he wants to be an ass and cause problems that not right but the comments about how if you make more money or win the lottery show you arent thinking about the kid. Wow how lucky that they have a wealthy parent. And how great they get to see both parents equally!

If your ex isnt forthcoming with info or updates then do what you have to but the attitude about how unfair the rules are to YOU isnt helpful.
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Old 07-14-2016, 07:50 AM
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Whoa whoa whoa there cowboy. I clearly state, in particular, in posts 7 and 9 that it's unfair to my ex not me. Please feel free to go back and reread them.
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Old 07-14-2016, 08:52 AM
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Youre not making any sense. You have an off set method yes? Then one of you pays the other child support. It doesnt matter what your order says for the original cs amount. One assumes that if both of you have had an income change, that amount is irrelevant and the new cs amount that is determined by the clause that says you update is the new amount.

Do you have a clause in your agreement that says you update?

If yes then you refer him to that. If no then you refer him to the federal child support guidelines where they clearly state that amounts are determined by CURRENT income. And if that fails, you refer him to the DBS v. Supreme Court case that outlines the duty to advise of income changes for child support purposes.

As for the not fair comments, you arent making any sense. You state its not fair that if your income goes up or you win the lottery and then say its not fair to your ex. This has nothing to do with fairness for either of you. Your combined incomes contribute to child support. If you get a raise and owe him money its for kid. If he makes more and pays you its for kid. If either of you arent updating income info yearly then you need to have that clearly spelled out in an amended order.

He provided you with updated financials. That update is what you use going forward. If theres a clause in your agreement that says cs updates for x date then you track the amount he owes (or you owe) from x date forward and work from there. If that date was May 1 then whatever the excess is fro May and June is owed and the new amount is paid going forward July to April next year. You then update again. Whatever he made last year is reflected in this update. You cant go back and recalculate if he doesnt know what his current income is. Youre also getting the increase in the current cs payments now.
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Old 07-14-2016, 09:43 AM
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Simmer down Rocky. I respond better to positive reinforcement. No need to get all worked up over this.
Maybe I should have worded things differently. I'm just trying to figure this out. Maybe you should have asked more questions before jumping to conclusions.

So let me see if I understand what you are saying.
In a sole custody arrangement child support is set but may change in special circumstances.
Ina shared custody arrangement cs is updated annually based upon both parents NOA line 150.

Is that correct?
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Old 07-14-2016, 10:06 AM
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child support is a scam, just say no.
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