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.

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 11-08-2010, 12:59 PM
SMP SMP is offline
Junior Member
 
Join Date: Oct 2010
Posts: 6
SMP is on a distinguished road
Default Signed Agreement - wife looking to change

Hi Again,

Need some helpful advice.

Ex and I signed an Agreement in Jan 2009, details:

My income - $85,000.00
Her income - $20,000.00 (was unemployed at the time).
2 children, live with me 6 nights out of 14 based on our 2 week schedule
CS - I pay her $1000.00/ month (less than the guideline based on the amount of time the children are with me).
Other stuff - 60/40 split including activities ($600/ child/ year)

Current situation:

My income - $90,000.00
Her income - $40,000.00 (she works PT - 4 days per week)
Schedule with the kids has stayed the same.

Lately we have been disagreeing about the extra stuff. I have been paying more than the set amount for activities (approx $700.00 for my 60%) and have politely reminded her that we have an agreement in place with an agreed upon amount. She has also been "hinting" that she wants to change the CS payment to the full guideline amount.

Any thoughts on what to expect?

Thanks
  #2 (permalink)  
Old 11-08-2010, 01:50 PM
Senior Member
 
Join Date: Apr 2010
Posts: 199
piggybanktoex is on a distinguished road
Default

You have a signed agreement.

She will have to spend money to fight it.

Being CS might give her an edge, but it is weighted against all the other factors.

Stand strong and call her buff if she presses. Be reasonable, but firm. That will make you look good and weaken her case (maybe).
  #3 (permalink)  
Old 11-08-2010, 01:58 PM
Junior Member
 
Join Date: Oct 2010
Posts: 27
ConfusedInAB is on a distinguished road
Default

Aren't you already paying more than the guideline amount, since you have the kids > 40% of the time?

C
  #4 (permalink)  
Old 11-08-2010, 02:26 PM
SMP SMP is offline
Junior Member
 
Join Date: Oct 2010
Posts: 6
SMP is on a distinguished road
Default

I spoke with a lawyer regarding the CS prior to us agreeing on what we have. She said based on the time you have with the kids CS should be calculated as: my income - her income = CS payment (incomes based on the guidleine). She did say that I should ask a judge to impune her an income as she has pretty much been underemployed or unemployed for the past few years.
Thats pretty much what we worked out - I rounded it up to $1000 as she was unemployed and didn't want to be difficult over a few bucks.
My income now really hasn't changed. She is working, albeit PT.
The real kicker is between my wife (I remarried a few years ago) and myself, we are pretty much covering 100% of one of the kids braces between our benefits and she has contributed absolutely nothing as she works PT and doesnt have any coverage.
  #5 (permalink)  
Old 11-08-2010, 02:45 PM
Senior Member
 
Join Date: Jul 2009
Location: Vaughan
Posts: 2,369
billiechic is on a distinguished road
Default

If the braces are covered by your benefits (and there are no deductibles for you to pay) then you aren't paying for the braces, the insurance is. Only money that leaves your pocket counts towards Section 7 expenses.
  #6 (permalink)  
Old 11-08-2010, 02:53 PM
SMP SMP is offline
Junior Member
 
Join Date: Oct 2010
Posts: 6
SMP is on a distinguished road
Default

Actually I pay into our benefit plan. Granted it is not a large amount. I was referring more to the fact that everyone but my ex (who lives in a nice home with her mother, travels every year down south, had plastic surgery - breast enlargement, and works part time some of the time) contributes to meaningful and necessary expenses like braces.
  #7 (permalink)  
Old 11-08-2010, 05:00 PM
Senior Member
 
Join Date: Aug 2009
Location: Ontario
Posts: 992
representingself is on a distinguished road
Default

Quote:
Originally Posted by SMP View Post
Actually I pay into our benefit plan. Granted it is not a large amount. I was referring more to the fact that everyone but my ex (who lives in a nice home with her mother, travels every year down south, had plastic surgery - breast enlargement, and works part time some of the time) contributes to meaningful and necessary expenses like braces.
Maybe I am misunderstanding, (and I admit I didn't spend much time checking the calculations), but you have shared custody and pay offset child support, based on an outdated written agreement??

Full guideline support for 2 chldren in Ontario, based on $85,000/year is $1281/month.

Full guideline support for 2 chldren in Ontario, based on $40,000/year is $601/month.

So if you have the children < 40%, and you use both of your current income levels...then the offset CS amount would be $680/month... which is substantially less then what you are paying now.
She can change the CS agreement whenever she wants, but it would not be to her benefit, given the circumstances.

But your 60/40 split of section 7 expenses is a bit off, and as your income is more than double what her is, you could end up paying more there...??

IMO - I wouldn't focus on her boob job, there is not much you can do about it.
  #8 (permalink)  
Old 11-08-2010, 05:51 PM
SMP SMP is offline
Junior Member
 
Join Date: Oct 2010
Posts: 6
SMP is on a distinguished road
Default

That is pretty much correct. We signed the agreement on 2009 based on our incomes at that time. Mine has gone up slightly, her's has increased as well.
I pretty much know I am paying more than I should in CS now that she has an income.
  #9 (permalink)  
Old 11-08-2010, 09:19 PM
Senior Member
 
Join Date: Aug 2009
Location: Ontario
Posts: 992
representingself is on a distinguished road
Default

Quote:
Originally Posted by SMP View Post
That is pretty much correct. We signed the agreement on 2009 based on our incomes at that time. Mine has gone up slightly, her's has increased as well.
I pretty much know I am paying more than I should in CS now that she has an income.
Child support payment amounts vary... which is why most people have an annual disclosure clause in their agreements... that way, CS can be adjusted accordingly.

Yes, you had an agreement in 2009, but now you are both making more money, and as such, your agreement needs to me amended... otherwise, you are leaving the door open for retroactive adjustments, or overpayments, which can be financially crippling, if enough time has passed.

You need to discuss updating the CS agreement, and provide her with your 2009 income tax return, (showing the increase in pay), and she must provide hers to you as well. Make sure you make your request in writing, and keep proof of it... just in case.

Once you have proper disclosure, it is simple enough to determine the correct offset and section 7 contribution amounts..

Also, if you are having issues with her increasing the expenses, make sure you add a clause to your agreement, which states that any section 7 expenses have to be approved by both parties, prior to incurring said expense.

Just be careful not to nit pick at each other over insignificant issues, you never know when you'll strike a nerve and get hauled into court!!
  #10 (permalink)  
Old 11-08-2010, 10:46 PM
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

smp, how is your agreement worded? Does it say you pay $1000 period? Or does it say that you pay the Guideline amount? Does it have a clause for updating the amounts or exchanging income info?

It is common for people to have separation agreements written that have nothing to do with the guidelines, it is just an agreement between them. If you agreed to $1000, then nothing is "wrong". Has there been an unforseen material change in circumstances? Are the children suffering hardship at your home because you pay her so much support? Don't get me wrong, I sympathise with you but the court will look at facts and logical, legal arguments. If you are seeking to overturn a signed, sworn and notarized contract you have to show why. And certainly you have reason and you can win, but make sure you show it. And realize she probably isn't going to just roll over and surrender.

Meanwhile, if the agreement specifies the Guidelines be followed, then the Guidelines specify the set-off of your table amount minus hers. That is easy to argue and you should be able to file a simple motion to vary.
Closed Thread


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
Does a personal signed agreement stand up? Lorne Divorce & Family Law 11 11-03-2010 09:22 PM
how to deal with ex's offer to settle nick2009 Divorce & Family Law 19 09-20-2010 11:47 PM
Desperately need help! My Separated ex has not signed agreement in past 2 years maple_2009 Financial Issues 4 11-10-2009 09:53 AM
Seperation Agreement Problems NightEcho Divorce & Family Law 5 10-09-2009 07:28 AM
Could I change signed agreement? sco44 Divorce & Family Law 4 01-04-2006 03:10 PM


All times are GMT -4. The time now is 01:32 AM.