Advice - CS Adjustment when no consent is provided

[Gilligan]

I need to advice on how to deal with paying / adjusting offset CS.

I am currently paying CS through FRO. My ex asked to vary child support (increase) and while I agreed to vary my ex is seeking to make this adjustment retro-active 4+ years and as such, will not consent to adjusting current CS payable. The increase is quite substantial because my ex stoped working because of a disability. Also, because this is a motion, time is counting and arrears are accumulating.

My question is, how to I adjust when ex won't agree? Options are:

1. Put money into savings & wait for an updated court order
2. Pay now (FRO Payments + pay difference via Interact E-Transfer)
3. Pay a Lump Sum for 2017 to Present + Pay difference monthly and keep proof

My fear is that this will be considered a gift and somehow I will cause myself more legal troubles by trying to do the right thing. I feel that these are just games being played by lawyer to make me look bad.


Any advice is appreciated


Thanks,

[rockscan]

Do the retro numbers add up? Is she right or is this because she stopped working and you have 50/50?

If you pay full table then it doesnt matter what she makes because you pay based on your income.

To get a change without consent you need to file a motion yourself. Put the extra money in an account until the matter is settled.

[Gilligan]

We've had 50/50 for a long time, no change there. The retro numbers add up, however, neither of us sought a change in CS in previous years. My ex asked in 2017 and I agreed, however they won't consent to make the change and adjust via FRO (that is my problem)

A motion is already being brought forward. I want to take the issue of CS off the table and provide my child with the right amount of support. Would it be unwise to pay my ex directly on top of what FRO already pays?

[rockscan]

Yes it would be unwise.

If your ex is underemployed or using a disability to reduce support you could argue that.

It doesn’t matter that you didn’t seek an update before. You are obligated to update when incomes change and more than likely your ex has received legal advice to this effect.

Agree to the retroactive cs if it is correct and don’t waste your time and money on court. Theres no way to fight failing to update based on income. A judge will order it immediately.

[Gilligan]

I agree with not wasting my time and money on court. There are a few issues that come into play.

The only information I have for pre-2017 is that my ex's income was lower. No evidence or reason why other than they now say that they were on long-term disability and provided evidence to this effect, which is around mid 2017.

I'm sure a lawyer could argue using underemployment / disability to reduce their support obligation, but as a recipient it seems that they only view the payor in that lens and not a support recipient in a 50/50. Am I wrong?

[rockscan]

But you both are support recipients. You ask for proof of her disability and the timeline for it and what treatment was sought for it. If its legit, you calculate accordingly on the agreement that the person is going back to work following treatment.

[Gilligan]

Agreed, I thought that was a reasonable request however my ex feels differently. I did request this disclosure from my ex and their counsel but they refuse to provide it. Unfortunately, the Case Conference Judge did not compel ex to provide further evidence.

I did get a letter from an insurance provider confirming LTD and a letter from a doctor in a walk in clinic saying that ex was off work and not expected to return to work in the near future. There is no plan other than for me to provide additional CS with no expectations that my ex return to work.

[Asphenaz]

Agreed, I thought that was a reasonable request however my ex feels differently. I did request this disclosure from my ex and their counsel but they refuse to provide it. Unfortunately, the Case Conference Judge did not compel ex to provide further evidence.

I did get a letter from an insurance provider confirming LTD and a letter from a doctor in a walk in clinic saying that ex was off work and not expected to return to work in the near future. There is no plan other than for me to provide additional CS with no expectations that my ex return to work.

It was the same with my EX, thankfully she chould only backdate about 3 months. She only provided a note explaining that she could only work part time but verbally stated that someone at the employment office said she should try finding work at all. The judge did request that a clause be put in that stated she had to provide yearly proof that she was attempting to retrain / find work / get help etc or be cut off from SS.