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  • Modifying CS payments when FRO involved

    So today in the mail I rec'd notice that FRO is going to be deducting support payments from source income. I call the ex and she said she initiated it for "personal" reasons. Come June when we exchange T4's her income is going up and mine down by a couple K the difference will be slightly over $100 in my pocket. She insists she shouldn't be paying support for our 16yr old who is now residing with me. My guess is that going through FRO we just don't make the adjustments ourselves...I'd have to go back to court. She's just trying to make things difficult.

    On a side note..She was "laid off" one week after the court ordered her to pay support. I know for a fact that she chose to be laid off vs. working for a lower income. She is now taking a course in school so can't go back to work until she's done.

    P.S. In 4 years I have NEVER missed a CS payment or failed to provide her with my T4 at year end.

  • #2
    My experience with FRO is that a court order is not necessary if both parties are in agreement, as there are forms available to be filled out and signed by both parties. Once these forms are signed etc, simply send them to FRO and they will make the adjustment.
    (by the way having the payment deducted from income was an easy route for us as we didn’t have to worry about timely payment and adjusted our budget on the new monthly income as if that was the norm). Presently both of our parties agreed to opt out of FRO, but that creates a ball of wax for the payer and can be sticky I would not advise this route as I am living the “sticky” part.

    I suspect the ex will be difficult, and you may have to take this back to court.
    And given that "she" feels she is not required to pay you for a 16 year old that may be your only recourse.

    Personally I would look into the calculations for support based on income, IE I would calculate your payment to her and her payment to you for the 16 year old. Let’s say she should pay $200 for the 16 year old (based on her income) and you should pay her $350, (based on your income) then the resulting payment is from you to her for $150. I would outline this for her “politely” in writing and if she agrees great fill out the forms and you are good to go. If not, try to get her reply in writing, either way, I’d go back to court and simply explain your calculations based on individual incomes and the table amounts and ask for a change in support to be issued to FRO. Hope this helps.


    FL

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    • #3
      These forms of which you speak, where would I find them? I checked FRO's site but they're not there. Would they be on the Ontario Court Sevices forms web site. When dealing I alway try my hardest to be "Polite" regardless of the names being spewed from the other end of the phone. Drives my wife nuts that I let her (the ex) talk to me in such a foul manner and never (almost never) give it back to her.

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      • #4
        http://www.ontariocourtforms.on.ca/e...mily/index.jsp

        This link will take you to the Canadian government page with all family law legal forms.
        The ones you would require are forms 15 and 15A.
        Once both parties agree and sign simply submit them to FRO.
        I am not sure how long it will take for them to take affect, you could call FRO and inquire about that.

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