My husband is seeking a motion to change. The original court order was made in 1994. He is dealing with arrears, and is seeking that the order be changed to reflect 2006 guidelines. He is seeking a motion of change on consent.
Today he spoke with Ontario Works, they informed him that child support could not be retroactively changed for years before 2006. Is this correct? We were of the understanding that he does have a material change of circumstances dating all the way back to 1994 (income wise), also we were under the belief that a person had the right to apply for a motion to change to retroactively adjust child support according to 2006 guidelines.
The Ontario Works worker also declined his request to communicate through email stating it was too complicated and requested phone communication. The worker also declined to have any communication until a motion to change was filed, however they did want him to explain why he wanted the order changed.
So, we are thinking that phone communication is not in his best interest, and that he should instead use letters and faxed communication. He is also feeling that he should just proceed with a motion to change as soon as possible and skip any kind of communication with the exception of that done thru the motion to change.
Today he spoke with Ontario Works, they informed him that child support could not be retroactively changed for years before 2006. Is this correct? We were of the understanding that he does have a material change of circumstances dating all the way back to 1994 (income wise), also we were under the belief that a person had the right to apply for a motion to change to retroactively adjust child support according to 2006 guidelines.
The Ontario Works worker also declined his request to communicate through email stating it was too complicated and requested phone communication. The worker also declined to have any communication until a motion to change was filed, however they did want him to explain why he wanted the order changed.
So, we are thinking that phone communication is not in his best interest, and that he should instead use letters and faxed communication. He is also feeling that he should just proceed with a motion to change as soon as possible and skip any kind of communication with the exception of that done thru the motion to change.
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