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  • Retro & New CS Amounts?

    I filed in January to have CS raised based on his last year's income, and also requested retroactive support of one year as he has refused to disclose his income for ten years. We have come to an agreement that he will pay the new amount based on his '09 income and have agreed on a retro amount. However, he wants to pay $100/month on $10K of retro and wants to pay the new CS amount from July 1st. My understanding was that the payor usually paid the new amount from the time of filing, which prevents people from dragging the proceedings out to avoid paying (as he did). I also don't think $100/m towards retro is a reasonable amount , as it would take him over 8 years to pay it off. My kids are in their teens and although he pays until they complete post-secondary education, my lawyer said that once they are finished he will likely be able to have whatever remains unpaid wiped out. This doesn't seem fair in either case, especially since he owed close to $40K in the first place, and has accumulated another $4K since January. Is this the norm?

  • #2
    *shrug* depends on what you negotiate. A pretty standard payment schedule is July to June, based on the prior years income tax assessments. Only reason for that is that it matches the Federal guidelines for CCTB/UCCB and GST payment schedules.

    Though if he's been giving you grief about providing his notice of assessments and automatically adjusting all along...you have an argument. Did the agreement/order not specify when the new payments began?

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    • #3
      We are just working on the new agreement now, and like I said he has finally agreed to the new CS amount (because the judge at our CC told him it WILL happen) but he wants it payable from whatever date we finalize the agreement (i.e. July 1st). I recall reading somewhere that CS adjustments are often payable from the time of filing so that there is nothing to be gained by dragging out the proceedings. Our old agreement (2000) says he is to provide his tax assessment each year by June, I believe, but he never once did so.

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      • #4
        Yeah, it's usually from the date of the filing, and retro goes back an average of 1-3 years unless there are mitigating circumstances.

        If he's shown a tendency to screw around, get the court order done post haste and (assuming you are in Ontario) file it with FRO so they'll enforce it for you.

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        • #5
          Thanks NBDad

          Will be contacting my lawyer this morning...

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