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  • Motion to change.

    Hoping for some ideas on how I sould proceed, I welcome any thoughts.

    My ex has served me with a motion to change. She has done so based on her claim that my circumstance has changed as I now make more money.

    The thing is, when we settled, her lawyer knew I had my job (which was relatively new) and knew how much I made. He asked me as much, in front of my ex. I answered truthfully. In her materials - she actually uses the figure I said I expected to make this last year to calculate a new CS figure.

    She then goes on to ask that I pay back support (this is all child support) from the date of the final order. And the difference in the monies "owed" from the back-date, is calculated from the same figure offered in settlement discussions.

    The Final Order clearly states CS will be based on the previous years income with info to be exchanged no later than July 1st.

    So there is no 'material change', right?

  • #2
    Originally posted by iceberg View Post
    Your taxes will tell. If you make the same amount you were making as claimed in your settlement then why are you worried? If you have been making more then she has the right for retroactive CS and adjustment.
    you mean the child's right....i see it a lot even in this fourm where the person on the receiving end of cs sees it as their right to the money...funny how that all works lol....as the money is all for the child lol. I am sure in some cases that maybe... but in the asses where there is huge somes of money going out...is the child really benefiting or are we just paying someone's mortgage? just a thought. I mean with thebpagor paying all this money for cs and has little left when the child comes to see dad how is the child benefiting from the cs then? when dad is broke.

    All that money is tax free...good deal for the person on the.receiving end and not necessarily the children...a good retirement fund don't you think? in my opinion anyway.

    Comment


    • #3
      Originally posted by LostFather View Post
      ...
      All that money is tax free...good deal for the person on the.receiving end
      This is such BS. The CS amounts are calculated knowing they are 'tax free'. Being 'tax free' is not a benefit to the recipient - CS amounts simply represent what someone at that level should probably spend for child care in AFTER TAX dollars.

      If the payor is broke because of CS, then they should work harder or smarter to improve their standard of living because they are not making enough to support their child and themselves in the standard to which they want.

      CS is reasonable in my opinion. For example if you make 100K income, with two children, and they are raised by the other parent, you pay $1444/month, $47/day, $17k/year.

      $24/day/child to put a roof over their head, cloth, and feed them, drive them, have a car for them, etc. - not much money.

      Could you live on $24/day?
      Last edited by billm; 04-12-2011, 12:13 PM.

      Comment


      • #4
        Originally posted by billm View Post
        This is such BS. The CS amounts are calculated knowing they are 'tax free'. Being 'tax free' is not a benefit to the recipient - CS amounts simply represent what someone at that level should probably spend for child care in AFTER TAX dollars.

        If the payor is broke because of CS, then they should work harder or smarter to improve their standard of living because they are not making enough to support their child and themselves in the standard to which they want.

        CS is reasonable in my opinion. For example if you make 100K income, with two children, and they are raised by the other parent, you pay $1444/month, $47/day, $17k/year.

        $24/day/child to put a roof over their head, cloth, and feed them, drive them, have a car for them, etc. - not much money.

        Could you live on $24/day?
        yes there is some bs in here thats is for sure. but let me give some of my own numbers. my ex has the children that basically equals to one day a week more if you were to divide cs based on the number of days that my ex has the children more than me per month there is about 4 maybe five some months. just at the top of my head that works out to be roughly 200.00 a.day.

        I would tend to agree with the cs thing...maybe not the. numbers and its calculations for a parent that is not involved with the children. But all those things you mentioned I have to provide too.

        with everything paid. I take home roughly a grand...maybe a little less every two weeks. Out of that i pay for my roof...gas....food...clothes...car....gas....insur ance...little left for toys....you do the math..how much is left?..id love to have 24.00 a day paid to me. Oh my ex makes about 15k a year more than I. Get another job?! yeah...so I can dish it out in taxes and more cs? I was born on a day....not today. oh and she double dips on one child as there is another father...so about 1250 a month....roughly....tax free!...there are arguments about your after tax statement as well....sorry not buying it...but then again I don't have to....i am a captive audience.
        Last edited by LostFather; 04-12-2011, 02:26 PM.

        Comment


        • #5
          Originally posted by LostFather View Post
          yes there is some bs in here thats is for sure. but let me give some of my own numbers. my ex has the children that basically equals to one day a week more if you were to divide cs based on the number of days that my ex has the children more than me per month there is about 4 maybe five some months. just at the top of my head that works out to be roughly 200.00 a.day.

          I would tend to agree with the cs thing...maybe not the. numbers and its calculations for a parent that is not involved with the children. But all those things you mentioned I have to provide too.

          with everything paid. I take home roughly a grand...maybe a little less every two weeks. Out of that i pay for my roof...gas....food...clothes...car....gas....insur ance...little left for toys....you do the math..how much is left?..id love to have 24.00 a day paid to me. Oh my ex makes about 15k a year more than I. Get another job?! yeah...so I can dish it out in taxes and more cs? I was born on a day....not today. oh and she double dips on one child as there is another father...so about 1250 a month....roughly....tax free!...there are arguments about your after tax statement as well....sorry not buying it...but then again I don't have to....i am a captive audience.
          You are intentionally leaving out facts to mislead and give weight to your 'poor me, the CS tables are not fair' argument.

          How much do you make? How many kids do you have? Do you pay full CS or set off? Without this information, how much you pay has no reference to show if you are paying an unreasonable amount.

          Are you saying she receives $200/day x 365 or $200/day for just the days she has the children?

          Again - complaining about 'tax free' CS is simply BS - complaining that you pay too much - fine, but 'tax free' is an intentionally misleading phrase that has no bearing on whether the amount of CS you pay is fair or not.

          Comment


          • #6
            yes. well. i have some complaints about the CS Tables too...
            But back to my question...

            So can I argue there has been no material change considering I have the same job and same wage as when the Final Order was signed?

            My CS payment is based on the previous years income, which was significantly lower. Yet the ex was aware I had a new job and a new wage when she agreed to the current CS figure.

            Comment


            • #7
              Originally posted by billm View Post
              You are intentionally leaving out facts to mislead and give weight to your 'poor me, the CS tables are not fair' argument.

              How much do you make? How many kids do you have? Do you pay full CS or set off? Without this information, how much you pay has no reference to show if you are paying an unreasonable amount.

              Are you saying she receives $200/day x 365 or $200/day for just the days she has the children?

              Again - complaining about 'tax free' CS is simply BS - complaining that you pay too much - fine, but 'tax free' is an intentionally misleading phrase that has no bearing on whether the amount of CS you pay is fair or not.
              with your 24.00 a.day calculations i thought you'd be able to figure roughly what I make...I thought I was clear on the 200 a day try reading it again...or not don't care one way or the other bud...didn't think I needed to spell that out too you either...there is no red herring here bill..these numbers are rough...and close....if I need to spell it out to you then you're the wrong person responding....maybe i should give you my first and last name....read my post....nothing intentional at all....I.said roughly before and I've said it again..my support payments are table..with a little daycare...that's nor used btw...but the amounts are with 20-30.00 either way.

              And as for your opinions...hey Canada is a free country with free speech...I am glad you're exercising your rights....I am just not buying what your selling to me that's a honkin load of bs...I gave you my reasons for it. Plenty of posts on here about trying to convince others to view thing your way...you are not.going to convince me...again other than what I've already stated.

              I'm curious how much cs do you pay? or do you recieve or neither? I am sure I could of found out by looking into your posts...but thought I would just ask

              Comment


              • #8
                Originally posted by wretchedotis View Post
                yes. well. i have some complaints about the CS Tables too...
                But back to my question...

                So can I argue there has been no material change considering I have the same job and same wage as when the Final Order was signed?

                My CS payment is based on the previous years income, which was significantly lower. Yet the ex was aware I had a new job and a new wage when she agreed to the current CS figure.

                ice. The way you ask your? to me you answer your own? I mean... based on your income for the previous year...so as long is was as you say then no.worries.

                Comment


                • #9
                  Originally posted by LostFather View Post
                  you mean the child's right....
                  I had a glimmer of hope there, but it quickly dissipated as he kept talking.

                  Originally posted by billm View Post
                  This is such BS.
                  Are you surprised?

                  Originally posted by LostFather View Post
                  ...but let me give some of my own numbers...
                  See next post.

                  Originally posted by billm View Post
                  You are intentionally leaving out facts to mislead and give weight to your 'poor me, the CS tables are not fair' argument.
                  Long row to hoe bill. Good luck teaching that old dog.

                  Comment


                  • #10
                    Originally posted by dadtotheend View Post
                    I had a glimmer of hope there, but it quickly dissipated as he kept talking.



                    Are you surprised?



                    See next post.



                    Long row to hoe bill. Good luck teaching that old dog.
                    ahhhh Haaa I knew it...you just couldn't help yourself..lol...especially a big numbers cruncher such as yourself...hey how's that poll going Lmao. We getting any closer to that landslide...dude :-P keep up the good work....oh yeah...if you had a.y idea what you're talking a out you'd be dangerous..stay behind that desk and mess with some poor suckers money...don't quit that day job lol.

                    Hey just thought...you seem pretty good at following me around in here...not too sure if i should feel flattered or threatened lol. You wern't a stocker in your previous relationship?
                    Last edited by LostFather; 04-12-2011, 09:57 PM.

                    Comment


                    • #11
                      That...has been...working...pretty well........................

                      Keep it up....it's..a..good....lo......ok for...y.....o....u....

                      Incorrigible.

                      Confidential to blink: ...sorry, i thought i could kill.....him....with...kind....ness

                      Comment


                      • #12
                        Originally posted by dadtotheend View Post
                        That...has been...working...pretty well........................

                        Keep it up....it's..a..good....lo......ok for...y.....o....u....

                        Incorrigible.

                        Confidential to blink: ...sorry, i thought i could kill.....him....with...kind....ness
                        Working pretty well. Yes it has. You know you shouldn't start something that you can't finish! dicktthe.

                        I've heard of sore losers before but dude....you take the cake. You can try and make fun allllll you want.......butt.. in the...end...you're still a d......i.....c.....k.

                        Sleep tight butter cup.

                        Comment


                        • #13
                          ok imma extricate myself from this thread.
                          if anyone has any usefull advice on how I persue the "no materilal change" concept.... please pm me.

                          Comment


                          • #14
                            I have had enough of theex to last a lifetime in the last little while. I have sole custody with CS order for table amount. Order in place for years have asked but never have received his notice of assessment for about 5 years now. Many other things he hasnt complied with in the order. Now he has different job (has for over a year) and lives at parents freeof charge...........our child needs dental surgery and Im sure that Im going to get stuck with bill and then I have to worry about impending post secondary which Im williing to bet te farm he wont be helping pay for. My queston in all of this is I guess I need to file a variance motion or what should I be filing to get this relooked at.

                            Comment

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