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  • how does this work

    My child support payment was done up through mediation in my lawyers office,with all parties present.There is a clause that states if there is catastrphic change- as in a job loss, or income loss, we are first to notify the other spouse and settle on another amount that is agreeable. My payment for one of our children is $348 when she resides with my ex in the matrimonial home. I lost one job, and my hours were reduced on another,I notified and offered my ex $200. He refused to accept this and said that he would report me to the FRO office.
    1. Do I need to fill out paperwork at the courthouse, stating that I have had a reduction?
    2. WILL FRO get involved if it was not arranged in the courts?

    I just need some direction.

  • #2
    Take your income and put it in the child support calculator. Take that number as the amount you are to pay.

    If you have good reason for the reduced income, you send the ex a register letter stating that due to loss of employment and reduced hours at the other job, your annual income is X and that you will be paying guideline c/s on that amount in accordance with clause X of the agreement.

    There is a chance he can take you to court to impute an income or just register the agreement with FRO. If that happens you will need to take the necessary steps then. But until then, the above is how you should proceed.

    Comment


    • #3
      Thank You. The support amount was based on each of us earning $60.000, that has changed for me. Also he is remarried with 3 other children residing in his home,how do I know the money will be spent on my child.

      Comment


      • #4
        Originally posted by ruby View Post
        how do I know the money will be spent on my child.
        lol....you will learn that how the recipient chooses to spend the c/s is their business and you have no say or control or anything when it comes to how they choose to spend c/s.

        You don't know if c/s will be spent on your children or hookers and blow. And you have no say in the matter anyway.

        Comment


        • #5
          Originally posted by ruby View Post
          My child support payment was done up through mediation in my lawyers office,with all parties present.There is a clause that states if there is catastrphic change- as in a job loss, or income loss, we are first to notify the other spouse and settle on another amount that is agreeable. My payment for one of our children is $348 when she resides with my ex in the matrimonial home. I lost one job, and my hours were reduced on another,I notified and offered my ex $200. He refused to accept this and said that he would report me to the FRO office.
          1. Do I need to fill out paperwork at the courthouse, stating that I have had a reduction?
          2. WILL FRO get involved if it was not arranged in the courts?

          I just need some direction.
          In accordance with your agreement this is how I would recommend dealing with the "material change in circumstance" with regards to the change in your employment as reflected in Child Support.

          1. Notify the other parent to the "material change in circumstance" regarding your employment. Provide proof that it has changed. For example, if you were let go, a copy of your notice from the employer should be sufficient evidence as cogent and relevant evidence that you are being truthful.

          2. Propose a change to the child support payment in accordance with your new income and the "material change in circumstance". You can do this easily by going to MySupportCalculator.ca and entering the information and getting the new table amounts. Apply the same formula from the agreed upon child support (if it is off-set then use the off-set calculation method etc...).

          3. Propose the new number, attaching the "evidence" in support of your "material change in circumstance" regarding your income and ***make an offer to settle on the issue in accordance with RULE 18 of the Family Law Rules***.

          Now, the key point to #3 is this:

          Should you make a proper and reasonable offer to settle the matter in accordance with Rule 18, provide the cogent, relevant and *tangible* evidence in support of the "material change in circumstance" and the other parent goes to FRO and tries to enforce the order you can bring forward the same evidence (not the offer to settle) on motion due to your material change in circumstance.

          If your employment has changed and the other parent is unreasonable and you have proven the change in circumstance and the CS should be lowered with regards costs will be awarded against the other party.

          Friendly note:

          How the CS is used by the other parent, for what purposes, etc... is of no concern to the court unless the children are living in conditions for which the CAS makes a finding that consitute abuse/neglect/maltreatment and put the children at risk of emotional and/or physical harm.

          I highly recommend you don't even bring up "how" CS is being spent to the other parent and especially the court.

          The position is that you have had experienced a "material change in circumstance" and that CS should be changed in accordance with the table amounts as stated in the Child Support Guide Lines. If the other parent is a goof and doesn't want to work with you in light of cogent and relevant (and tangible) evidence to the fact... They will be hammered by a judge and costs will be awarded against them for being stupid.

          Good Luck!
          Tayken

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          • #6
            If he is buying the child food and clothing, and paying for electricity, water, taxes, etc for the home in which the child resides, then the child is benefiting from the CS you are paying.

            Comment

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