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

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  #1 (permalink)  
Old 11-26-2009, 09:11 AM
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Default Motion to change (child support)

Hi, I am new to the forum, looking for some advice.
I will try to make a long story short.
I have a 7 year old daughter, me and her father split up while I was pregnant, after she was born, I had started a court case asking for custody and support for her. He never showed so I was awarded sole custody and child support (table amount) based on his earnings.

In 7 years, me or my daughter have never heard from him. A few years ago I tried looking for him to bring him back to court to ask for help with childcare and dental costs. I work full time, and dont have a benefits plan, and she has needed some excessive dental treatments. I was hoping for ANY kind of help, anything would help. I was unable to locate him. He has gone to the extreme to cut out anyone from his family who even talks to me, in fear that I would find him...

Last week I was served with a motion from him, what a surprise!
I must say, I am a bit confused. The form 15, motion to change is signed by a court clerk, but where his signature should be, is left blank.
In the papers it states he lost his job Oct/09 and is looking to :
a. terminate support
b. change support to reflect his EI income which is TBD, table amount of that income
c. change support to reflect his EI income TBD, other than table amount.
Because it states these three things, I am confused as to what it is he is really asking for.
He is asking to have it back dated to Oct/09 when he became unemployed. Cort date is set for March.

I am unsure how to respond as I am confused as to what he is asking, table amount or not table amount or termination?

Also states that He has included a ROE, which was not included.

I do agree that child support should be changed to reflect his income, however the only thing that scares me is this. If a judge changes and reduces the order, and then he makes it impossible for me to find him to bring him back at a later date when he is employed again...
Is there anything I can do to protect myself from that happening again?

Also, is there anything I can do on these papers to ask for some help with any upcoming dental expenses when he is employed again? I guess I will just eat the cost of the previous childcare and dental seeing as he is unemployed now.
If anyone can offer some help on this, I would gladly appreciate it.
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Old 11-29-2009, 06:40 PM
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Why not register with FRO and submit your receipts to them?
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Old 11-29-2009, 06:56 PM
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He doesn't seem to understand that you have a court order that requires CS to be paid dating back at least to the date you obtained judgement, probably earlier, so he is in some pretty significant arrears.

Too bad for him that his income is down, he owes several years of arrears in CS. I would welcome the chance to get him in front of a judge who will likely drag him over the coals for having the nerve to disappear on his daughter for years.

He can't ask for a reduction without dealing with the arrears. What a stiff.
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Old 11-29-2009, 10:16 PM
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He didn't play "nice" before and let you know if his income went higher or not and he's unlikely to let you know once he's secured a new job...

Here is what I would do:

1.) Ask for arrears, I think they will go back 2-3 years if his income was higher.
2.) Register with FRO, once he's working again as long as its not under the table they should be able to trace his SIN number.
3.) Ask for section 7 expenses, this is where the daycare costs will be calculated and dental expenses.

Good Luck!
Mominont
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Old 11-30-2009, 08:12 AM
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Thanks everyone for your input.
Let me clarify something. When I took him to court years ago, he didnt show, so I was awarded child support based on his income, and I had registered with FRO, so I have been receiving child support from him this entire time, he has had no choice. I didnt think of asking for childcare or dental until later, and when I have tried to find him, I have been unsuccessful. He has no lawyer.
So should I agree with the reduction geared to his new income and fill out the special expenses section for dental/child care? If I ask for a review in 6 months, will they set a date right then? Because if they leave it so I have to serve him, I am sure he will make it impossible for me to find him again.
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Old 11-30-2009, 09:51 AM
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Yes, you should ask for section 7 expenses and an annual review of the table amount of CS based on his income. Get it in the order that he is to provide income tax returns and Notices of Assessments to validate his income.
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Old 12-01-2009, 10:30 AM
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thanks for the information.
Do I fill out a financial statement when replying? I wasnt provided with one, but I am not sure if I might have to fill one out.
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Old 12-01-2009, 11:17 AM
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Quote:
Originally Posted by bg78 View Post
thanks for the information.
Do I fill out a financial statement when replying? I wasnt provided with one, but I am not sure if I might have to fill one out.
I'm not a lawyer, but, I don't think you need to fill out a financial statement in this case...it's not really relevant here. Someone else can correct me if I'm wrong, but, child support is based on the federal table guidelines...regardless of what you make yourself. In terms of the arrears, he will have to pay them based on what his income was during the time period in which they accumulated...not his (lower) current income. It's pretty brutal that he's trying to do that.

I would try and get an order that he is to provide you with copies of his tax returns/assessments by a certain date (eg. June 1st) every year. For the section 7 expenses, you may have to submit a copy of your most recent tax return as, in most cases, they will base your proportionate share on what your percentage of the two combined incomes is.
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Old 12-01-2009, 11:20 AM
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Quote:
Originally Posted by Haditup2here View Post
Why not register with FRO and submit your receipts to them?
I'm pretty sure that the FRO does not have anything to do with Section 7 expenses....child support only. As it is, they have enough trouble doing that properly; I can't even imagine the nightmare if they were involved with extraordinary expenses too.
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Old 12-02-2009, 08:17 AM
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Ain't that the truth!
Thanks so much for your help!
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