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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 01-31-2017, 04:06 PM
Asphenaz Asphenaz is offline
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Default Motion to Change - What do I need?

Hello All,

1. I am trying to put forth a motion to change my amount of CS/SS, and need to know what documents and information I would need to be successful. As well as what else I should ask for.

Before I am accused of trying to find a way out of paying, I'm not. I am currently living on less than 500$ a month, and my employment has been reduced to 4 days a week from 5 days a week for the next 1-2 years at which point I will be back to full time.

FRO has garnished 50% of my pay, as well as an additional 150$ a month (VAPS agreement), and any federal money I am owed such as tax return.

I am looking to have CS and SS reduced to reflect my current income (56K down to 44K). As well I am looking to have the ex's portion of my son's braces be deducted from the arrears owed, or have the arrears absolved. (Her final offer to settle states she wants orthodontics removed as a section 7).

In case it's important: My ex is on ODSP and has legal aid, has no plans to work, cannot prove her inability to work. She did 'win' the last motion to change she brought and the Judge did not impute an income to her.

Her income was calculated Monthly ODSP - SS - repayment penalty due to misfiling of her taxes. She claimed full child tax benefits for almost 2 years despite 50/50 care of the children. ODSP has reduced her monthly income until the arrears are payed back.

Additional question; I hope this makes sense. How do I protect myself from a similar situation as above. I believe she has not informed ODSP that she was awarded 3 months of back-dated payments of CS/SS. This means when they do find out she will be penalized and her monthly income will again be reduced by X until the debt is repayed. She will then put forth another motion to change to increase CS/SS.

2. Should I borrow money to pay back my arrears to FRO?
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Old 02-05-2017, 11:28 PM
Desperate_Dad Desperate_Dad is offline
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I used this when I filed my motion to change.

I've been there (living on 500 a month)

You should not be penalized for her owing arrears. Her complete ODSP payment without the arrears should be used as her income. The Judge erred in my opinion.

You shouldn't need to be protected. As mentioned above, the Judge should have included her full ODSP payment as her income. I'd ask for that as well in your motion to change. You are not responsible for her incompetence.

Don't borrow to pay arrears. It is basically an interest free loan (if you do owe it) so why borrow and pay interest on it?
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Old 02-09-2017, 02:00 PM
Asphenaz Asphenaz is offline
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Thanks d_d, that helped.
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