Change court order on CS after losing my job

[nick2009]

Right now I pay $387 as CS to FRO.

However I may lose my job anytime soon. So I call FRO to get some clue about how to deal with this situation. They told me they can not change the court order. The only thing I can do is that I have to change the court order. Then the issue is HOW I can do to start this process. Any one knows, then please teach me, or give some clue, or any information that may help me.

Thank you

A poor DAD

[wretchedotis]

You can't do anything until/unless what you THINK might happen, actually happens.

Courts do not indulge in 'what ifs'.

[winterwolf7]

When you lose your job, you would file a Motion to Change. You'll need to provide evidence you lost your job, and what your income will be for now, and your plans for finding another job.

With good evidence and reasonable prospects the judge may reduce your CS... but they also may not.

[nick2009]

Thank you very much.

[nick2009]

One more question about this future possible issue.

What if my income someday become high enough that I should pay more than the amount shown in the court order. Should I go the same process as above.

[winterwolf7]

Yes it would be advisable to do so.

I'll also point out that it's a lot easier if changes can be done on Consent, which means that both parties agree to the change. Then you just need to make a written agreement covering the support signed and witnessed, go down to the court house and get it converted into a consent order. Much simpler and less expensive.

After that, either party can send the consent order to FRO.

Not surprisingly, most motions to change that reduce CS are not on consent, yet more motions to increase it are :P

[NBDad]

Yep, works both ways. You tell your ex what happened, indicate the new income level and request she do a motion on consent to apply the change.

She'll refuse most likely. In which case you do a motion asking for reduction in CS go forward due to the reduced income, that the CS amounts you have overpaid in the interim be returned, and for costs.

I would also make sure that you order indicates a clause for YEARLY recalculation if it doesn't already. If it DOES, you add contempt of court to the above list, for her not following the order.

[goosie77]

WW is correct. To reduce without consent, which is what I have had to do, you will need to file a Motion to Change, a Change Information Form, a Financial Statement, an Affidavit if you have additional facts you want heard, you file it all, then serve it on your ex or her lawyer, then go back the court and file an Affidavit of Service. You can find all the forms here Family Law Rules Forms — Ontario Court Services And you can do it all yourself if you are diligent and have the time.

[NBDad]

Should note here as well...DO IT EVERY YEAR. Even if your CS obligation only changes by a couple of dollars.

Yes, it's a couple of bucks, whoop de do...BUT it establishes precedent for changing CS when the income changes.

That will help you in cases where you totally lose your job/experience a substantial reduction in pay.

[nick2009]

Thank you guys very much

[sahibjee]

and what would happen if one had agreed on a "final order" i.e converted a temporary order to final, but did not have the clause of recalculation in case of job loss etc. ?

[Mess]

You don't need an order to recalculate child support. It is the law to have it recalculated when there is a change of income, it is the law that parties must exchange income tax information on request to verify income each year.

Having it written into an agreement or order just simplifies when it will happen, and that the information doesn't need to be asked for in advance.

[FamilyBlah]

You don't need an order to recalculate child support. It is the law to have it recalculated when there is a change of income, it is the law that parties must exchange income tax information on request to verify income each year.

Having it written into an agreement or order just simplifies when it will happen, and that the information doesn't need to be asked for in advance.

Mess, is there case law or something to support this?

I certainly believe it to be true as Child Support is the right of the child(ren) and both parents have an obligation to support their child(ren) based on their income and ability to pay, but is this a Family Law truism or would such an argument need to supported with evidence?

[Mess]

Child Support Guidelines, O Reg 391/97

Annual obligation to provide income information
<!-- TRANSIT - HYPERLINK --><!-- .droit de la famille (Loi sur le) - Règl. de l'Ont. 391/97. -->24.1 <!-- TRANSIT - HYPERLINK --><!-- .droit de la famille (Loi sur le) - Règl. de l'Ont. 391/97. -->(1) Every person whose income or other financial information is used to determine the amount of an order for the support of a child shall, no later than 30 days after the anniversary of the date on which the order was made in every year in which the child is a child within the meaning of this Regulation, provide every party to the order withthe following, unless the parties have agreed otherwise:
1. For the most recent taxation year, a copy of the person’s,
i. personal income tax return, including any materials that were filed with the return, and
ii. notice of assessment and, if any, notice of reassessment.
2. As applicable, any current information in writing about,
i. the status and amount of any expenses included in the order pursuant to subsection 7 (1), and
ii. any loan, scholarship or bursaries the child has received or will receive in the coming year that affect or will affect the expenses referred to in subparagraph i. O. Reg. 25/10, s. 6.

[FamilyBlah]

Thanks so much!

How is it determined or shown that the income of both parties or financial information was used to determine the amount of an order for the support of a child?

Specific facts that may be relevant:

- Applicant reduced income to $0.00, not including CTCB
- Respondent provided an approximation of income
- as a result of Case Conference (CC), Respondent was ordered to pay Child Support to other party
- Respondent was also to provide a Financial Statement within 15 days
- the Endorsement Sheet from that CC makes reference to both salaries in the notes before the numbered Orders
- the Applicant's Application requested an Order that the Respondent pay Child Support "for the children of the marriage based on his income in accordance with the Federal Child Support Guidelines under the Divorce Act, including special and extraordinary expenses."

NOTE:
The Application has a [X] at #11 support for child(ren) - table amount. #11 is listed under "Claims under the Family Law Act or Children's Law Reform Act".

#2 - support for child(ren) - table amount that appears under "Claims under the Divorce Act" is unchecked.

The Court File Number at this time was "A - XXXXX - 09".

The Applicant has since, at an uncontested hearing, obtained permission of the Court to amend the Application to include a claim for divorce.

#11 remains checked and #2 remains unchecked on the Amended Application.

The Court File Number is now "D - XXXXX - 09".


I'm not sure if any of this is relevant, but i just wanted to provide the info in case it was.

Does the inclusion of "including special and extraordinary expenses" in the Applicant's original request for a Child Support Order indicate that both incomes were considered?


Thanks in advance!!!