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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 10-19-2016, 06:24 AM
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Default CS Amendment Jan 2017

Section 28 of the divorce act requires the Minister of Justice to review the child support guidelines every five years and bring her review to the House of Parliament. As the last amendment was December 31, 2011, I'm assuming the next date for the amendment to the child support guidelines will be December 32, 2016.

According to the Ministry of Community and Social services, responsible for the Daily Responsibility Office (FRO), they cannot amend a short order of it is to be based off the clause: "Refer to support being determined or changed annually as "in accordance with the Child Support Guidelines”. We cannot recalculate support in this manner. As a result, we may not be able to collect support."

Drafting a Support Order | Ministry of Community and Social Services


Therefore, my question is, does anybody know how to properly word the order to have it increased (or decreased), depending on amendments to the child support guidelines???

And calm yourself people - between the last two amendments, I looked - my child support only would've increased by $8 a month, theoretically. I just want this settled now, so in the future, my respondent and I can discuss finances at a minimum.
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Old 10-19-2016, 09:07 AM
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I think CS is automatically reviewable unless specifically indicated otherwise... and any clause that specifically indicated otherwise would probably be unenforceable.

Do you have an order that NOA has to be exchanged every year? That should cover it.

Quote:
I'm assuming the next date for the amendment to the child support guidelines will be December 32, 2016.
Perhaps the discussion will take place on platform 9 1/2.
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Old 10-19-2016, 09:42 AM
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That's what I'm trying to add to the order. This is my first initial order. I'm trying to word it so that FRO does everything and I don't need to worry about going to court again, etc etc
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Old 10-19-2016, 09:42 AM
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This stuff is so confusing!
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Old 10-19-2016, 10:45 AM
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You really don't need to go to court again if you're both reasonable. Even if you have wording in your order that says you exchange financials, you update cs and you do this annually, FRO cant do anything if one person doesn't adhere. I wouldn't stress too much about wording outside of standard language that FRO can follow or about legislation reviews.
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Old 10-19-2016, 10:50 AM
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Don't know if there is any wording that would permit fro to change amounts without a new order. But, assuming you are in agreement to follow noa amounts, then updating the order on consent should only be a time/paperwork hassle.
You'll have to agree on the timing ie do you wait for noa and
1) update in June 2017 so that June 2017-May 2018 cs reflects calendar 2016 income? Ie moving forward only, implying 18mo lag
Or
2) update in June 2017 so that calendar 2016 & 2017 cs matches calendar 2016 income? Ie retro adjustment to remove time lag
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Old 10-19-2016, 11:45 AM
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How about:

"Both parties shall exchange complete financial information consisting of their most recent tax return by June 15 of each year for the recalculation of child support. Adjustments to CS based on these recalculations shall take effect on July 1 of each year and shall remain in effect until June 31 of the following year. Either party may notify FRO of changes in child support as a result of the annual recalculation [I'm not actually sure this is how FRO works ...]. "

This wording means that CS is always lagged - i.e. in July 2016-June 2017, you'll be paying CS based on your most recent income information for the tax year 2015, the most recent information available as of June 15 2016. This shouldn't be a big problem (unless you have really huge month-to-month fluctuations) as any major changes in income will be caught up the following year. And having only one annual recalculation limits the amount of negotiating you will have to do with Ex.
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Old 10-19-2016, 11:52 AM
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If the payor has any issues with losing a job or getting increases it would be a pain for update. You may want to word it as each will share noa and tax info standard stuff but also "should any income changes or circumstances of the child occur outside this time period, both parties agree to adjust cs requirements immediately". That way if payor loses job the change happens. (Just my two cents)

Also, only the recipient can update FRO. They wont take anything from the payor unless its a court order. FRO sucks big time.
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Old 10-19-2016, 11:52 AM
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He wants no visitation, no contact with me. His new girlfriend forbids it.

So this way, if the wording works, we never need to see each other again. At the same time he's trying to lower support based on financial hardship, claiming his basement rental income is not income, he has three houses but lots of debt that he used to buy those houses so he will have capital gains but also debt, he doesn't want to get insurance because he's a pilot and it's expensive, he makes more than double what I make. It's just a nightmare. We never lived together. Things broke down very quickly when he found out I was pregnant. So I need to try to secure everything as much a possible ahead of time,.

Thank you all for your help!
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Old 10-19-2016, 11:54 AM
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I wonder if we should still go outside FRO?
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