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  • Child Support Question

    I am paying a set off table amount for child support that I have an agreement for. I also receive bonus that can change the set off amount. I just received a bonus cheque and have to make an adjustment to my support amounts. What I plan to do is cut her a cheque for the total amount this bonus cheque would add monthly to my support amounts just to get it done with. My attorney has calculated what the amount would be. He emailed me asking how I was going to handle it and truth be told I want to cut him off, no more lawyers bills. He is saying: "
    So, just to make it official, you should have a document that you both sign and have witnessed that indicates that you are amending the Divorce Order, s. 4, to indicate that the set-off is $X. The rest of the agreement will remain in force. It is important for the enforcement purposes and for future variations that the Order is current. Send me a copy for my file please."

    I had just planned to cut her a cheque and get a receipt indicating what the payment covered, how do I go about what he is suggesting? If I have to do this every time I would be doing it quarterly and really want to squeeze the attorney fee's out if possible, thanks.

  • #2
    I don't believe a divorce order needs to be updated every time your income changes. I really don't think you need to write up an amended agreement four times a year and pay for an attorney to oversee the process. Sounds like a cash grab to me.

    My divorce order says something like (doing this from memory, don't have it in front of me):

    "Each party shall pay the other the amount appropriate to their guideline income according to the tables of the Federal Child Support Guidelines. In 2012, Parent A's guideline income was $XXXXXX and Parent B's guideline income was $XXXXXX. Each party shall provide the other with a copy of their most recent federal income tax return and any notices of assessment by July 1 of each year for the purposes of determining child support going forwards. "

    I don't know why our 2012 incomes had to be included in the order (as they're already outdated), but the judge wanted to see them.

    If you receive quarterly bonuses during the year, instead of changing the setoff three or four times a year, it might be easier to do one big change every July 1 (or whenever), based on your total income for the preceding year as reported in your taxes. However, other people on this forum have different views about this.

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    • #3
      The only reason to update the order would be if FRO is enforcing it. As long as you have proof you paid the right amount you are gold.

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