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The last piece of my case has been finalized. We have agreed on 50/50 and as such, agreed to offset child support. Our lawyers wrote up the final minutes of settlement and it was signed back in April.
Today, my lawyer contacted me to let me know the support order was finalized and to come pick up a copy. I went to get it and when I got home, I read it and I am a bit concerned. The order does not follow the child support guidelines of what is to be included in an order. (Ex`s lawyer wrote the draft order, I am assuming my lawyer approved it without asking me even though I had asked to be sent a copy prior to approval).
Section 13 of the guidelines states (and my comments in blue):
3. An order for the support of a child must include,
(a) the name and birth date of each child to whom the order relates;The first names only of each child appear and no birth dates
(b) the income of any parent or spouse whose income is used to determine the amount of the order;There is zero income information for myself or my ex, even though it was used to calculate and we both gave full disclosure
(c) the amount determined under clause 3 (1) (a) for the number of children to whom the order relates;It just states that $381 will be paid by me to my ex
(d) the amount determined under clause 3 (2) (b) for a child the age of majority or over;does not apply to us
(e) the particulars of any expense described in subsection 7 (1), the child to whom the expense relates and the amount of the expense or, where that amount cannot be determined, the proportion to be paid in relation to the expense;Says what we agreed to
(f) the date on which the lump sum or first payment is payable and the day of the month or other time period on which all subsequent payments are to be made; andSays as agreed to
(g) reference to the obligation under subsection 24.1 (1) to provide updated income information no later than 30 days after the anniversary of the date on which the order is made in every year in which the child is a child within the meaning of this Regulation, unless the parties agree that the obligation shall not apply, as provided for in that subsection. O. Reg. 391/97, s. 13; O. Reg. 25/10, s. 4.Also included
So my biggest concern is that off set amount was used however not worded into the order and therefore should my ex decide she wants more, she could theoretically go back to court in a couple years and request back support to my full income and I have nothing to show that it is offset amount to be paid. Fro is already enforcing this order so they don`t seem to care that it is missing elements and my lawyer basically shrugged me off and wished me well.
Thoughts?
Today, my lawyer contacted me to let me know the support order was finalized and to come pick up a copy. I went to get it and when I got home, I read it and I am a bit concerned. The order does not follow the child support guidelines of what is to be included in an order. (Ex`s lawyer wrote the draft order, I am assuming my lawyer approved it without asking me even though I had asked to be sent a copy prior to approval).
Section 13 of the guidelines states (and my comments in blue):
3. An order for the support of a child must include,
(a) the name and birth date of each child to whom the order relates;The first names only of each child appear and no birth dates
(b) the income of any parent or spouse whose income is used to determine the amount of the order;There is zero income information for myself or my ex, even though it was used to calculate and we both gave full disclosure
(c) the amount determined under clause 3 (1) (a) for the number of children to whom the order relates;It just states that $381 will be paid by me to my ex
(d) the amount determined under clause 3 (2) (b) for a child the age of majority or over;does not apply to us
(e) the particulars of any expense described in subsection 7 (1), the child to whom the expense relates and the amount of the expense or, where that amount cannot be determined, the proportion to be paid in relation to the expense;Says what we agreed to
(f) the date on which the lump sum or first payment is payable and the day of the month or other time period on which all subsequent payments are to be made; andSays as agreed to
(g) reference to the obligation under subsection 24.1 (1) to provide updated income information no later than 30 days after the anniversary of the date on which the order is made in every year in which the child is a child within the meaning of this Regulation, unless the parties agree that the obligation shall not apply, as provided for in that subsection. O. Reg. 391/97, s. 13; O. Reg. 25/10, s. 4.Also included
So my biggest concern is that off set amount was used however not worded into the order and therefore should my ex decide she wants more, she could theoretically go back to court in a couple years and request back support to my full income and I have nothing to show that it is offset amount to be paid. Fro is already enforcing this order so they don`t seem to care that it is missing elements and my lawyer basically shrugged me off and wished me well.
Thoughts?
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