Change in Material Circumstance

[HammerDad]

SA has the NDI at 67% for me.
He wants to drop the NDI to 60%. That means a complete loss of spousal support. A small increase to the CS and a cap on the S7.

Outside of post-secondary education, a cap on s7 expenses is not unreasonable. Those costs should be agreed upon prior to them being incurred.

CS will increase per the guidelines as the bonus is income.

For spousal support, how long was the marriage and when was the original agreement signed? You mentioned you are working part-time making about $50k. Do you still have young children in the house that would justify working part-time?

[arabian]

Whatever he has left is irrelevant unless he is claiming undue hardship.

Of course he is trying to eliminate SS. Welcome to the club. If you don't have a decent lawyer I'd get one now. In your initial posts you mentioned the agreement is a "partial" agreement? WTF is that about? Sounds like a bit of a train-wreck.

[HammerDad]

Our agreement doesn't have the detail if I am entitled to the change in SS. He is actually trying to decrease and eliminate my SS.
After he pays he CS SS and S7 he has $8000 a month

How much does he pay for each?

Given the math, it appears he is giving to you about $16000 a month between cs, SS and s7. That is a substantial sum.

[arabian]

Friend of mine got 12k a month for 2 teenage children. She received lump sum SS by way of a substantial property settlement as well as nice addition to her investment portfolio.

Sounds as though you have interm order for support and they want to change it up?

Still don't know what would constitute a material change of circumstance. Pay raise/bonus doesn't cut it in my opinion.

[momtoalot]

Partial separation because we haven't been able to agree on access and parenting
I have the kids living w me ages 5-16. A cap on section 7
means if I work more than part time I pay for the additional child care
plus a reduction is cs equivalent to what I would make from my employment. S7 isn't income. I have to have a different home and provide for the kids differenlty than he because I have them 80 percent. He won't do 50-50

[arabian]

What are the ages of your children? I don't think a 16 yr old needs child care. Assuming 3 children require child care (under the age of 12) does it come to 50k? That is very expensive. A nanny might be better value.

Are you in the marital home?

[momtoalot]

Not in the matrimonial home. Child care is per hour. Not for older kids
He won't allow a nanny. Child care for hours worked only

[HammerDad]

S7 isn't income.

I don't think I said it was income, but the proportional amounts required to be paid are based off of income. Although a cap is understandable.

[HammerDad]

Not in the matrimonial home. Child care is per hour. Not for older kids
He won't allow a nanny. Child care for hours worked only

You can do what you choose in your house, he can't prevent you from having a nanny. But he is correct that child care would be for hours worked only, which is in line with the legislation. There is no reason for a parent to contribute to the use of a nanny by the other parent (or other child care provider) when the other parent is not working. The legislation is clear that child care is s7 where it is for employment purposes.

[rockscan]

We found this link helpful: http://www.justice.gc.ca/eng/rp-pr/f...ide/info1.html

For my partner, he was paid out termination benefits so when he went back to figure out arrears for last year, he didnt include them. But if this type of bonus is usual for your ex, as in hes gotten something similar year to year, it might be hard to claim its not normal or he has a material change without it. At least from what I can see. Itd be one thing if he normally got that bonus and was paying based on it and then suddenly stopped getting such a high bonus to mean a material change.